HISTORY 



FEDERAL GOVERNMENT. 



FIFTY YEARS: 



MARCH 1789, TO MARCH, 1839. 



By ALDEN BRADFORD, LL. D. 

Editor of Massachusetts State Papers : Author of History of iVIassachusetts ; of Remarks 

on State Rights ; an early Member of the Mass. Historical Society ; and Hon. 

Member of Historical Society of New York, Pennsylvania, and Georgia. 



" The unity of government, which constitutes you one people, is now dear to you. It ia 
justly so : for it is a main pillar in the edifice of your real independence, the support of your 
tranquillity at home, of your peace abroad ; of your safety ; of your prosperity j of that 
very liberty which you so higlily value." — Washington's Address. 

" The State governments are an essential part of the federal system. Consolidation is an 
effect which all good men would deprecate. Too much provision cannot be made against 
consolidation. It would subvert the new Constitution. Tho State governments are the 
safeguards of the federal Constitution : they will protract the period of our liberties. They 
will afford a shelter against the abuse of power ; and will be the natural avengers of our 
violated rights." — Ames. 

" By enlarging the basis of our system, and increasing the number of States, the system 
itself has been strengthened. Consolidation hnA disunion have thereby been rendered equally 
impracticable. Each government, confiding in its own strength, has less to apprehend from 
the other ; and, in consequence, each enjoying a greater freedom of action, is rendered more 
eflicient for all the purposes for whicli it VJa^nstituted." — Monroe. 



BOSTON: 
SAMUEL G. SIMPKINS, 

^RST OF JULY: 
1840. 



Entered according to act of Congress, in the year 1840, 

By ALDEN BRADFORD, 

In the Clerk's office of the District Court of Massachusetts. 






TORREY & BLAIR, Printers. 



TO 

WILLIAM HENRY HARRISON, 

OF CINCINNATI, 

STATE OF OHIO : 

Sir : — My limited personal intercourse with you would 
not fully justify me, perhaps, in the liberty I assume, by 
this public address to you ; and by thus seeking, at least by 
implication, your patronage of a work intended for general 
circulation in all parts of the United States. And yet it 
has been my lot to witness your patriotic and honorable 
exertions, in the highest branch of the national councils, in 
favor as well of individuals, whose services, in the struggle 
for liberty and independence, so justly entitled them to the 
rpmuneration of the government, as of the welfare, honor, 
and prosperity of the nation. In the measure of a generous 
allowance to those worthy veterans, you took a conspicuous 
part, which neither they, nor their children, nor the country, 
can ever forget. 

I perceive, in this act, your gratitude and sympathy 
towards those truly patriotic citizens ; and, in your retire- 
ment, after a brilliant career in public life, to the duties and 
labors of a private station, your approbation of their ex- 
emplary conduct, "in laying down in peace, arms taken up 
in defence of the republic and its liberties." 

But my respect and admiration for your character are 



iv DEDICATION. 

not confined to the consideration of any single act of your 
long life ; devoted, as it has been, from the days of your 
youth, to the public service, in various, responsible, trying, 
and honorable stations. And although the whole people 
are convinced of your bravery and heroism, on all occasions 
where the calls of patriotism and humanity were addressed 
to you, it is less from a regard for your military talents and 
services, than for your habitually benevolent and morally 
honorable conduct, that the wise and sober portion of your 
fellow-citizens, at present, unite in a voluntary tribute of 
gratitude and confidence in your political and civic virtues. 

You were brave and resolute in war : But what is far 
higher praise, in the estimation of every true republican 
and every virtuous citizen, you have always manifested a 
paramount regard for the Constitution and the laws ; and 
have preserved a reputation for probity, sustained in sit- 
uations where you had power to become rich, even without 
justly incurring the charge of gross peculation. Nor is 
there a solitary instance on record, of the exercise of mere 
arbitrary power, in your public conduct, when you had 
great discretionary authority, and were accountable only to 
your conscience and your God. 

Such rare patriotism, and such singular integrity demand 
public respect and eulogy. It reminds one of the memorable 
days of the Revolution, when Washington and his gallant 
army long devoted themselves to the defence of civil liberty, 
from purely patriotic motives, and without just and adequate 
reward : and of the distinguished band of patriots in the 
councils of the country, at that critical period, of whom, it 
might be almost literally said, "that they declared for in- 
dependence, and consulted for its establishment, with halters 



DEDICATION. v 

about their necks." In later times, such proofs of poHtical 
integrity and zeal are rare indeed. 

By a life chiefly devoted to the welfare of the republic, 
you have given assurance of ability and judgment, and of 
upright and disinterested views, fully adequate to the suc- 
cessful and honorable discharge of the duties of the highest 
station, in which the people can place you. And most of 
all, your reverence for the Constitution, as a guide for rulers 
as well as for the people, is an auspicious guaranty of your 
just and faithful exercise of power, to any extent which 
may be given you, with a single desire to secure the bles- 
sings of liberty, and to promote the best interests of the 
republic. 

The world has so often witnessed the abuse of power in 
the hands of rulers, that men of experience have just cause 
for apprehension, from the arbitrary conduct of those who 
are clothed with great authority over their fellow-citizens. 
Julius Csesar, Oliver Cromwell, and Napoleon Buonaparte, 
professed to be the friends of liberty and of the common- 
wealth : but in the moment of their elevation they became 
tyrannical ; and, intoxicated with power, they forgot their 
just responsibilities, and their duty to the people. So did 
not the patriotic and illustrious Washington. And, without 
intending to flatter you, I may say with truth, that there is 
a general belief that your aim and ambition have always 
been to merit the praise of being his disciple and follower 
in political life. Few men, indeed, whether military com- 
manders, or civil magistrates, may be justly compared to 
that wonderful man ; but it is hoped that some who yet 
linger among us, are desirous of imitating his virtues, as 
well as of sharing in his fame. 



vi DEDICATION. 

With a recollection of your various eminent services to 
the republic, a persuasion of your sacred regard for the 
Constitution, and a conviction of your sincere and ardent 
patriotism, I need offer no apology for prefixing your name 
to the present work. But I would not make you responsible 
for the views I have given, and the sentiments I have ex- 
pressed, in all respects, as to the past measures of the federal 
government. Wishing to flatter no man, and in some 
measure independent of any mere party in the Union, I 
hope, that, in the honest expression of my opinions, I shall 
share in your candor, if I do not meet your entire sanction 
and approbation. 

With sentiments of great respect 
and consideration, 
I am, Sir, your 
fellow-citizen, 

ALDEN BRADFORD. 



ADVERTISEMENT. 



The object of the present volume is to state the nature 
and to record the proceedings of the general government, 
wMch was estabhshed in 1789. Half a century has now 
elapsed, since that great political event occurred, in the his- 
tory of the United States : and the rising generation may 
not be correctly and fully acquainted with its origin, with 
its design, or with the public measures, early adopted and 
pursued ; which give to it its legitimate and distinctive 
character. In neither of these respects, however, does the 
writer pretend to give any new views ; nor does he differ, 
he believes, from those already presented by eminent states- 
men and civilians, who have written on the subject. But 
these are to be found only by searching numerous volumes; 
and as to a history of the federal government since it was 
established, nothing in a connected form has yet been given 
to the public. Such a narrative or view, is here attempted. 
But the purpose has been to do this in as concise a form as 
was consistent with a faithful and just statement. And it 
is believed, that it contains an account of all the important 
events which have occurred under the general government ; 
so that the leading measures and conduct of each successive 
administration may be fairly exhibited, and the nature and 
the extent of the powers of that government may be fully 
perceived. 

The work might have been greatly extended, by a more 
minute reference to every act and measure of the govern- 
ment, and to the particular circumstances therewith con- 
nected. Much might have been added, by way of illustra- 
tion and comment; and various public documents might 
have been incorporated with it. The latter have already 
been published to a great extent, and may be found in most 
public libraries in every State. And they will remain as 
rich materials to one who may in future undertake a more 
elaborate history. All the prominent measures adopted, 
however, it is believed, will be found here noticed ; and a 
sincere desire has not been wanted to give a correct and 
impartial statement. 

Little indulgence has been allowed to a disposition for 
political speculation ; for the writer did not feel it just to 
enlarge in the expression of his own political opinions ; and 
yet he trusts he has not purposely concealed them ; nor been 



viii ADVERTISEMENT. 

deterred, in any case, from praise or censure, as to individ- 
uals or measures, such as he beUeved warranted by the 
evident consequences to the public. 

It is believed that the historian should confine himself, in 
a great measure, to a faithful narrative of events, instead 
of writing essays on different political theories ; in which, 
if there should be no highly improper coloring given, the 
writer would at least substitute his own speculations for a 
just and impartial relation. A history may be faithfully 
written where there is little of the theory of the author : — 
but when it is prepared chiefly for the purpose of vindi- 
cating a party, it ceases to deserve the name, as it wants the 
attribute of impartiality. Many writers, both in politics 
and religion, have favored the world with publications, 
called history ; and though they record many real facts and 
occurrences, they have often been mere apologies for 
the sect or party to which the writers belonged, rather than 
true histories. 

It is certainly difficult to divest one's self of all biasses and 
prejudices of this sort. And therefore there is a strong 
reason against theorising at all; or in often intruding our 
own views on a party question. A statement of what has 
really occurred, and what specific measures have been 
adopted by an individual ruler, or the majority, should be 
fairly given. The candid will then judge correctly, from 
the circumstances and the results. 

The writer of this volume would dare hope, that he has 
aimed to avoid these errors. And yet he could not speak 
in the same high terms of praise of some of the rulers in 
the republic, as of others. He could not confound political 
integrity with mere professions of patriotism ; nor an hon- 
orable policy with successful intrigue. Trained up in the 
school of Washington and that of his sincere friends and 
co-patriots, he early learned to revere their characters, and 
to approve their political course ; and in so far as others 
have repudiated their policy, or adopted wild theories and 
experiments in government, he cannot commend them ; but 
he trusts a spirit of candor and impartiality has guided him 
in his researches for this volume, and that his statements 
are made in conformity to the public documents and records 
which still exist. His strongest desire for the continuance 
of the liberties of the people and of the welfare of the re- 
public, reposes in a hope, ardently cherished, that our rulers 
may be imbued with the spirit of Washington, and that a 
sacred regard may be always manifested for the principles 
of the Constitution. 

Boston, July 1, 1840. 



HISTORY 



FEDERAL GOVERNMENT. 



CHAPTER I. 

Formation of Federal Government. Power of Old Congress, under the Con- 
federation. Design and Nature of the Federal Constitution. Extent of the 
Powers granted to the General Government. The Powers not delegated 
remain with the Separate States, which in most cases are still Sovereign. 
Address of President Washington. Of Mr. Adams, Vice President. Acts 
of First Session of Congress. Auspicious Effects of Federal Government. 
Power of the President in Appointments to Office. Second Session. Report 
of Secretary of Treasury on Finances and Revenue. Speech of President, 
December, 1789. Proceedings of Congress on the Report of Secretary, and 
on Subjects mentioned in Speech. Indian Tribes. Difference proposed be- 
tween Original and Present Holders of Public Securities. Funding System. 
Military Peace Establishment. Slavery. Permanent Seat of Government. 
Distinguished Members of First Congress. 

The federal Constitution, prepared by a Convention of 
delegates, from twelve of the thirteen independent States of 
North America, in 1787,* was adopted by the requisite 
majority of those States in 1788 f; and in April, 1789,^ the 
federal government, provided by that compact, was organ- 

* The State of Rhode Island did not send delegates to the Convention. 

t Before August, 1788, ten States had adopted the new Constitution, being 
one more than the number required by that instrument, to have the government 
organized, viz : Delaware, Pennsylvania, New Jersey, in December, 1787 ; 
Georgia, and Connecticut, in January, 1788 ; Massachusetts, in February, 
1788 ; Maryland, in April, 1788 ; South Carolina, in May ; New Hampshire, 
New York, and Virginia, in June ; North Carolina, in November, 1789 ; 
Rhode Island, May, 1790 ; Vermont, in January, 1791. — Six States accepted 
the Constitution without proposing any amendments, and seven States pro- 
posing amendments, most of which were afterwards adopted, and added to 
the original Constitution. 

t A quorum was not formed till the first of April, though March had been 
proposed by the old Congress, when it announced the adoption of the Consti- 
tution by nine States. 

2 



10 FEDERAL GOVERNMENT: [1789 

ked, and commenced the exercise of high political powers. 
This convention was called, not by the people of the States- 
directly, but by their representatives, or the legislatures of 
the States ; but the Constitution, prepared by the Conven- 
tion, was adopted by delegates chosen by the people in 
each State ; and is justly to be considered the act and will 
of the majority of the people (in the States respectively) as 
declared in the preamble, " We, the people," &c. The 
amendments to the federal Constitution, proposed by the 
first Congress, in 1789, in conformity to recommendations of 
most of the State Conventions which adopted it, were also 
sanctioned by the State legislatures, and not by Conventions, 
specially called for the purpose. And this was agreeable 
to the fifth section of the third article of the Constitution^ 
which points out the mode of amendments : so that it ap- 
pears Conventions of delegates of the people are not neces- 
sary in making additions to the original compact ; but it 
may be by the legislatures of the States. The amendment, 
respecting the election of President and Vice President, af- 
terwards adopted, was made in this manner. But the dif- 
ference is not material between these two modes of adopt- 
ing amendments ; as in either case, it is the act of the people 
by their representatives. 

Up to the year 1789, from the time of the declaration of 
Independence, in July, 1776, and indeed from the beginning 
of 1775, the several States had assumed and exercised 
sovereign authority within their respective territories, al- 
though a continental Congress had been held from Septem- 
ber, 1774 : and united council and action had happily pre- 
vailed during the war of the Revolution. But that Con- 
gress, composed also of delegates from the several States, 
and appointed by the legislatures thereof, did not possess 
authority to carry into full effect the measures which they 
considered proper and important, without the consent of 
the State legislatures. It could only devise and recom- 
mend ; and the decision of the several States was essential 
to consummate the plans and requisitions of the grand coun- 
cil of the confederacy. The imbecility and defects of such 
a political body were often felt and acknowledged, during 
the war for Independence, from 1775 to 1783 ; and when 
the contest with England was over, the defect was in some 
respects even more apparent and more deplored. By for- 
eign governments, the thirteen States were considered 
as one nation ; and the welfare and prosperity of the 
whole, in a domestic view, rendered it equally neces- 
ary — also, that there should be a supervising and gen- 



1789] WASHINGTON. - 11 

eral government, as to national objects and purposes. The 
debt incurred by the war was of great amount; and the 
credit and honor of the United States required its speedy 
payment. And, while the resources of the country were 
perceived to be fully adequate to its extinguishment, it was 
also evident, that so long as the States should act separate- 
ly, there could be no just hope of accomplishing this most 
important object. Uniformity in measures through all the 
States, relating to foreign commerce and foreign intercourse, 
was found to be essential, as well for the reputation of the 
country with other nations, as for the present peace and 
future prosperity of the United States. Insurrection had al- 
ready occurred in some of the States ; and it was believed that 
the laws and measures of a single State had less authority 
and respect than those which should be adopted by a gen- 
eral government. In a word, there appeared to be no 
foundation for internal peace, for national prosperity, or for 
political respectability in the estimation of the civilized 
world, but in union. The most intelligent citizens, of un- 
doubted patriotism and political knowledge and experience, 
in all the States, declared their conviction of the necessity 
of vesting greater power in Congress, as the only effectual 
remedy for existing evils, and for the prevention of future 
extensive national calamities. 

Governor Bowdoin, of Massachusetts, expressed this 
opinion in two public addresses to the legislature, in 1785 
and 1786 ; and near the close of the year last named, the 
General Assembly of Virginia adopted a resolution in favor 
of a continental Convention, for such a purpose.* 

The great object proposed to be attained, when the Con- 
vention was called, was uniform and united action of all 
the States, " for the general welfare, for common defence, 
and for the security of the blessings of liberty ; " and for 
delegating sufficient political authority to Congress, to di- 
rect, control and enforce all measures for the benefit of the 
States collectively. And this object was kept in view by 
the Convention which prepared the Constitution, and re- 
commended it to the several States for adoption. It was 
provided, that the federal or general government, to be 
formed under it, should have authority to enact and exe- 
cute all laws of a general nature, and affecting the whole 

* The first step was a meeting at Annapolis, in Maryland, September, 1786 ; 
but only five States were represented in the Convention ; and nothing was 
then done, but to recommend a Convention of delegates from all the States to 
be held at Philadelphia in the Spring of 1787. — And the Virginia Assembly 
soon after proposed the same measure. 



12 FEDERAL GOVERNMENT. [1789 

country ; but did not give it power to legislate for the States 
on common local subjects, relating to their internal police. 

The Convention was called "for the purpose of revising 
the articles of the Confederation, and for reporting to the 
several legislatures, such alterations and provisions therein, 
as should, when agreed to in Congress and confirmed by 
the States, render the federal compact adequate to the ex- 
igences of government and the preservation of the union." 

There were different plans proposed in the Convention, 
as a remedy for the evils which existed, or were then ap- ) 
prehended. One was to grant full power to Congress, to ^ 
regulate commerce, and to raise a revenue from imports to 
discharge the public debt ; and to have Congress one body 
as it had formerly been. But the majority of the members 
early discovered a preference for a complete general gov-^ 
ernment. And the great question was, whether it should be 
strictly national, or federal. The former system, it was 
supposed, would nearly annihilate the State governments/ 
while the latter would be adequate to the objects in view, 
would still reserve to the States a great portion of their 
separate authority, and would be most agreeable to a large 
majority of the people. And the frame of Government, final- 
ly prepared and adopted, was of a federal rather than of a 
national government : or, as Mr. Madison has said, " was 
partly national and partly federal." 

The Constitution of the United States, from which the 
federal Government derives its powers, was framed by men 
deputed by the legislature or authority of the several States ; 
and, though it was submitted to the consideration of the 
people of the United States, and adopted by them through 
their delegates, its acceptance or ratification depended, not 
on the majority of the whole people in the aggregate, but 
on the majority of States. And it is evident there might 
have been a majority (or two-thirds) of the States in favor 
of the Constitution, without there being two-thirds of the 
whole people in all the States. The government, therefore, 
is a federal^ rather than a national government, strictly 
speaking. Still, it is a general government ; it is the gov- 
ernment of the United States. Nine States constituted the 
requisite majority : but if Virginia, Massachusetts, Penn- 
sylvania, and North Carolina had been opposed to it, by a 
large majority in each, there would not have been two- 
thirds of the people for it. It was not a majority of the 
people, but of the States, then, which ratified the Constitu- 
tion ; and so the instrument itself provided and required. 
The apportionment of the Senate is proof also, that the 



1789] WASHINGTON. 13 

general government is federal^ and not strictly national. 
Every State is equally represented in that body, without 
regard to its population. But this is utterly irreconcila- 
ble with the doctrine of those, who sa^' the general gov- 
ernment is a national one, in which the whole people are 
equally represented. Neither numbers nor property are 
represented in the Senate ; but States. The provision or 
principle which operates in the choice of President, when 
there has been no choice by the Electors, shows also the 
federal character of the government. Each State has a 
vote — instead of taking all the votes of the representatives 
in the aggregate, as in all cases where the numerical major- 
ity govern. It may, however, be justly said with Mr. 
Madison, that the government of the United States is partly 
federal and partly national. And yet the federal features 
prevail, and give the true character of the compact.'* 

The federal government was designed to be, and by a 
proper and nati^ral construction of the Constitution, is, one 
of limited powers. Its jurisdiction or authority relate to cer- 
tain specific objects, which are expressly enumerated. They 
are high and extensive powers ; and with every intelligent 
man must be supposed to include the right to carry the 
specified powers into full eifect. Any other construction 
would involve an absurdity. And yet the exercise of pow- 
ers not expressly given, or clearly implied, would evidently 
be an unwarranted usurpation. In the exercise of powers 
fully given, Congress, or the federal government, is sovereign 
and uncontrollable by the States ; much more so by a sin- 
gle State. But further and .beyond such delegated power,. 
it has not legitimate authority. All else remain with the 
States respectively, or with the people thereof. The man- 

* The Convention consisted of fifty members. Fifteen more were chosen, but 
did not attend. And several who attended did not put their names to the 
Constitution, as they disapproved of some parts of it : but after it was adopted, 
they generally gave it their decided support. Some members, who attended 
the Convention a great part of its session, and who approved of the Constitu- 
tion, were absent, when the vote passed for its adoption. The members of 
the Convention were not in proportionate numbers to the population of the 
respective States : Delaware had five, Pennsylvania eight. New Jersey five, 
Massachusetts only four, Virginia seven. New York three, Connecticut three, 
Maryland five, South Carolina four. North Carolina four, New Hampshire two, 
Georgia two. The difficulty was at once perceived of framing a general gov- 
ernment, so as to avoid collision with State authority, and to be free from the 
charge of being imperium in imperio. And it was designed to guard against 
this difficulty and this imputation by stating to what subjects the powor of the 
federal government should extend. In these cases, its authority is exclusive 
and paramount ; and in all other cases, it is by implication, without just author*- 
ity or jurisdiction. 



J 4 FEDERAL GOVERNMENT. [17S9 

ner in which, and the State governments by which the fed- 
eral Constitution was formed, clearly implies this : and in 
the first section of the first article, it declares, that the pow- 
ers to be vested in and exercised by the general government 
were granted by the several States. 

Such was the design and such the only reasonable con- 
struction of the federal compact. The powers of the gen- 
eral government were conferred on it by the States. It is 
the agent of the States for general purposes, and may justly 
act only on subjects on which its constituents have author- 
ized it to act. For the original States were not creatures of 
the federal government ; but the federal government is the 
creature, the agent of the several sovereign States. In the 
convention for forming the Constitution, Mr. King, a dele- 
gate from Massachusetts, (afterwards of New York.) is re- 
ported to have said — " it was of the nature of a commission, 
given by the several States, for performing acts of a general 
nature, which no one State was, separately, competent to 
do." 

No one State may justly oppose the authority of Con- 
gress, unless it should make a law for such a State only, 
and that manifestly an arbitrary, oppressive, and unjust 
law : nor may Congress justly interfere with the laws of a 
State, unless such laws are clearly repugnant to the au- 
thority of Congress, conferred on it by the Constitution ; or 
unless a State assumes to exercise authority prohibited to 
it by the federal compact. 

To say, " that the federal government has as much right 
to control the acts and measures of a State, as a State has 
to control those of a town or county," is entirely incorrect 
and luisound. A State creates or forms a county or dis- 
trict within its territory : and such district or county is still 
a part of the State, and to be governed by the majority of 
the State in all cases whatever. But the federal govern- 
ment did not create or form the original States ; and has 
no just authority over them, only in so far as is expressly 
granted by the States. In forming new States, it may be 
somewhat difterent : as certain conditions may be justly 
required by Congress on their admission into the Union; 
yet not interfering with their powers, as independent gov- 
ernments after their admission, except in cases of a general 
nature, as specified in the federal Constitution. 

Thus the federal compact was designed for the consoli- 
dation of the Union, though not strictly speaking for the 
consolidation of the States ; the federal government over 
the whole for general or national purposes being sovereign 



1789] WASHINGTON. 10 

in its defined sphere ; and the several States sovereign in 
their internal concerns, where not expressly restrained hy 
the federal Constitution, which they have approved and 
adopted. 

The former Congress, under the confederation, consisted 
of one body, or assembly, for devising and recommending 
measures of a general nature ; and the members were ap- 
pointed by the general assemblies, or representatives in the 
several States, and not directly by the whole people. Un- 
der the new Constitution, Congress* is a separate and com- 
plete government, composed of a House of Representatives, 
a Senate, and an executive officer, with the title of "Pres- 
ident of the United States." 

It was not until the thirtieth of April, that the federal 
government was fully organized ; as on that day President 
Washington was inducted into office as the chief magistrate 
of the Union. On this very interesting occasion, he deliv- 
ered an address to the Senate and House of Representatives 
of the United States, who had assembled some weeks pre- 
viously, and had been occupied in forming their respective 
bodies, in the order, and with the rules necessary for the 
proper discharge of their legislative duties. It is difficult 
to do full justice to the merits of this speech, by any verbal 
representation of it ; and an extract is here given, as charac- 
teristic of the mind of this very distinguished personage. 

" Among the vicissitudes incident to life, no event could 
have filled me with greater anxieties than that, of which 
the notification was transmitted by your order, and re- 
ceived on the fourteenth of the present month (April). On 
the one hand, I was summoned by my country, whose 
voice I never hear but with veneration and love, from a 
retreat .which 1 had chosen, with the fondest predilection, 
and, in my flattering hopes, with an immutable decision, 
as the asylum of my declining years — a retreat rendered 
every day more necessary, as well as more dear to me, by 
the addition of habit to inclination, and of frequent inter- 
ruptions in my health, to the gradual waste committed on 
it by time. On the other hand, the magnitude and diffi- 
culty of the trust, to which the voice of my country has 
called me, being sufficient to awaken, in the wisest and 
most experienced of her citizens, a distrustful scrutiny into 
his qualifications, could not but overwhelm with despond- 
ence one, who, inheriting inferior endowments from nature, 

* In the language of the Constitution, the term Congress is frequently used 
to signify the federal Government in all its branches united. 



16 FEDERAL GOVERNMENT. [1789 

and unpractised in the duties of civil administration, ought 
to be peculiarly conscious of his own deficiences. In this 
conflict of emotions, all I dare aver is, that it has been my 
faithful study to collect my duty from a just appreciation 
of every circumstance by which it may be affected. All I 
dare hope is, that, if in accepting, I have been too much 
swayed by a grateful remembrance of former, or by an af- 
fectionate sensibility to this transcendant proof of the con- 
fidence of my fellow-citizens ; and have, thence, too little 
consulted my incapacity, as well as disinclination, for the 
weighty and untried cares before me, my error will be pal- 
liated by the motives which misled me ; and its conse- 
quences be judged by my country, with some share of the 
partiality in which they originated. 

"Such being the impressions, under which I have, in 
obedience to the public summons, repaired to the present 
station, it would be peculiarly improper to omit, in this first 
official act, my fervent supplications to the Almighty Being, 
who rules over the universe, who presides in the councils 
of nations, and whose providential aid can supply every 
human defect, that his benediction may consecrate to the 
liberties and happiness of the people of the United States, 
a government instituted by themselves, for these essential 
purposes ; and may enable every instrument employed in 
its administration, to execute, with success, the functions 
alloted to his charge. 

" In tendering this homage to the great Author of every 
public and private good, I assure myself that it expresses 
your sentiments not less than my own ; nor those of my 
fellow-citizens at large less than either. No people can be 
bound to acknowledge and adore the invisible hand which 
conducts the affairs of men, more than the people of the 
United States. Every step by which they have advanced 
to the character of an independent nation, seems to have 
been distinguished by some token of providential agency. 
And in the important revolution just accomplished in the 
system of their united government, the tranquil delibera- 
tion and voluntary consent of so many distinct communi- 
ties, from which the event has resulted, cannot be compared 
with the means by which most governments have been es- 
tablished, without some return of pious gratitude, with an 
humble anticipation of the future blessings which the past 
seems to presage. 

" These reflections, arising out of the present crisis, have 
been forced too strongly on my mind to be suppressed. 
You will join with me, I trust, in thinking there are none, 



17S9] WASHINGTON. 17 

under the influence of which the proceedings of a new gov- 
ernment can more auspiciously commence. 

" Having thus imparted to you my sentiments, as they 
have been awakened by the occasion whicli brings us to- 
gether, I shall take my present leave, but not without 
reverting, once more, to the benign Parent of the human 
race, in humble supplication, that, since he has been 
pleased to favor the American people with opportunities for 
deliberating, in perfect tranquility, and dispositions for de- 
ciding, with unparalleled unanimity, on a form of govern- 
ment, for the security of their Union, and the advancement 
of their happiness ; so his divine blessing may be equally 
conspicuous in the enlarged views, the temperate consulta- 
tions, and the wise measures, on which the success of this 
government must depend." 

In public men of less sincerity and purity of mind than 
Washington, this repeated reference to an overruling Prov- 
idence, and the need of Divine direction for the happy issue 
of human exertions, might appear ostentatious, or as in- 
tended to court the favor of the common people ; but in 
him there can be no doubt, that these sentiments were 
deeply impressed on his own heart. There are many in- 
stances recorded, illustrative of his deep and habitual sense 
of dependence on the Supreme Being, notwithstanding the 
absence of all parade and publicity in his religious charac- 
ter. And he seems to have been equally sincere in his be- 
lief, that Divine Providence extends to the afi'airs of nations 
and societies — views and sentiments not often found in 
military characters. But though a brave and accomplished 
soldier, it is most evident, from his general character, that 
he was averse to war, except in defence of justice and the 
rights of man. 

Hon. John Adams was inducted into the office of Vice 
President of the United States, and e.r officio President of 
the Senate, on the twenty-fourth of April : when he ad- 
dressed the Senate as follows : 

^'■Gentlemen of the ^enate^ — Invited to this respectable 
situation by the suffrages of our fellow-citizens, according 
to the Constitution, I have thought it my duty cheerfully 
and readily to accept it. Unaccustomed to refuse any 
public service, however dangerous to my reputation, or 
disproportionate to my talents, it would have been incon- 
sistent to have adopted another maxim of conduct, at this 
time, when the prosperity of the country and the liberties 
of the people require, perhaps, as much as ever, the atten- 
3 



18 FEDERAL GOVERNMENT. [1789 

tion of those who possess any share of the public con- 
fidence. 

" I should be destitute of sensibility, if, upon my arrival 
in this city, and presentation to this legislature, and 
especially to the Senate, I could see, without emotion, so 
many of those characters, of whose virtuous exertions I 
have so often been a witness ; from whose countenance and 
example I have derived encouragement and animation ; 
whose disinterested friendship has supported me, in many 
intricate conjunctures of public affairs, at home and abroad 
— those celebrated defenders of the liberties of our country ; 
whom menaces could not intimidate, corruption seduce, 
nor flattery allure ; those intrepid asserters of the rights of 
mankind, whose philosophy and policy have enlightened 
the world, in twenty years, more than it was ever before 
enlightened in as many centuries, by ancient schools or 
modern universities. 

"I must have been inattentive to the course of events, if 
I were either ignorant of the same, or insensible to the 
merits of those other characters in the Senate, to whom it 
has been my misfortune to have been hitherto personally 
unknown. 

"It is with great satisfaction, that I congratulate the 
people of America on the formation of a national Constitu- 
tion, and the fair prospect of a consistent administration of 
laws ; on the acquisition of a House of Representatives 
chosen by themselves ; of a Senate, also, composed by their 
own legislatures ; and on the prospect of an executive au- 
thority, in the hands of one, whose portrait I shall not at- 
tempt to draw. Were I blessed with powers to do justice 
to his character, it would be impossible to increase the con- 
fidence or afiection of his country, or make the smallest 
addition to his glory. This can only be effected, by a dis- 
charge of the present exalted trust, on the same principles, 
with the same abilities and virtues, which have uniformly 
appeared in all his former conduct, public or private. 
May I, nevertheless, be indulged to inquire, if we look over 
the catalogue of the first magistrates of nations ; whether 
they have been denominated presidents, or consuls, kings 
or princes ; where shall we find one, whose overruling good 
fortune has so completely united all hearts and all voices 
in his favor ; who enjoyed the esteem and admiration of 
foreign nations and his fellow citizens with equal unanimity? 
Qualities so uncommon, are no common blessing to the 
country that possesses them. By those great qualities, and 



1789] WASHINGTON. 19 

their benign effects, lias Providence marked out the head 
of this nation, with a hand so distinctly visible, as to have 
been seen by all men, and mistaken by none. 

" It is not for me to interrupt your deliberations by any 
general observations on the state of the nation, or by 
recommending or proposing any particular measures. It 
would be superfluous to gentlemen of your great experi- 
ence, to urge the necessity of order. It is only necessary 
to make an apology for myself. Not wholly without ex- 
perience in public assemblies, I have been more accustomed 
to take a share in their debates, than to preside in their de- 
deliberations. A trust of the greatest magnitude is com- 
mitted to this legislature ; and the eyes of the world are 
upon you. Your country expects, from the results of your 
deliberations — in concurrence with the other branches of 
government, consideration abroad, and contentment at 
home — prosperity, order, justice, peace, and liberty. And 
may the providence of Almighty God assist you to answer 
their just expectations." 

Mr. Adams was a member of the first Continental Con- 
gress, from Massachusetts, in 1774 ; and continued a mem- 
ber till the year 1778, when he was appointed to France. 
He afterwards went to Holland, to obtain a loan for the 
United States. And in 1783, when peace was made with 
England, he received thfe appointment of Envoy Extraor- 
dinary to the British court. His character for talents, 
learning, and patriotism, was as highly distinguished as 
that of any citizen in the United States. And under the 
auspices of Washington and Adams, the great majority of 
the people had full confidence that their rights and liberties 
were secure, and that the wisest measures would be adopt- 
ed for the welfare and prosperity of the country. The 
members of the Senate and House of Representatives were 
also men of great political experience, and of tried patriot- 
ism ; and many of them had taken an active part in favor 
of freedom and independence, and in concerting measures 
for the safety of the country, in the war of the Revolution. 

The first Congress, under the federal Constitution, was 
held in the city of New York, and continued in session six 
months. The House of Representatives consisted of fifty- 
nine members,* and the Senate of twenty-two. f The sub- 

* Rhode Island and North Carolina had not then adopted the Constitution, 
and had no representatives in the first Congress. The members present were 
usually fifty-two or three. 

t Eleven States were represented in the Senate at this time. From New 



20 FEDERAL GOVERNMENT. [1789 

jectof Commerce and of Finance received their early and 
prompt attention. To regulate these for the credit and ben- 
efit of the country, was indeed the great object of their 
meeting, and the leading design in the formation of the 
general government. The acts for these purposes, and 
some others, passed at the fi'rsf session of Congress, gave 
an entirely new aspect to the financial and commercial 
character of the United States. A system was adopted for 
raising a revenue from duties on imported articles, for the 
purpose of paying the public debt, gradually ; and the in- 
terest annually in future. The securities holden by the 
creditors of the United States, rapidly rose in value ; and 
confidence both in the ability and intention of Congress to 
do justice, was fully restored. The public debt was, in- 
deed, very great ; but it was also perceived, that, with 
wisdom and decision in the grand council of the nation, 
its resources were amply sufficient for the payment in a 
few years, besides the necessary expenditures for the sup- 
port of government. 

All the members of Congress were in favor of this meas- 
ure for raising a revenue ; but, as to the details of the bill 
and the difference in the duties on different articles, there 
were various opinions. The principles which governed in 
the final adjustment of the duties on imported goods, were 
to impose the highest per centum on articles not considered 
necessary, and which were deemed to be luxuries ; and to 
fix the amount less on goods and products of ordinary con- 
sumption among all classes of people :* a regard was also 
, had to such articles as were then or might be, manufac- 
tured in the Uinted States ; and thus a higher duty was 
ordered, with a view to encourage the enterprize and in- 
dustry of American citizens. This principle was early 
recognized, and General Washington particularly recom- 

Hampshire, Langdon and Wingate — Massachusetts, Strong and Dalton — Con- 
necticut, Ellsworth and Johnson — New York, Schuyler and King — New Jersey, 
Elmer and Patter.son — Pennsylvania, IMorris and Maclay — Delaware, Read 
and Bassett — Maryland, Carrol and M'Henry — Virginia, Grayson and Lee — 
South Carolina, Izard and Butler — Georgia, Few and Gunn. At the 
second Session, January, 1790, VVilliamsoa and Hawkins of North CaroUna, 
attended. 

" * The duty first proposed on molasses was six cents per gallon ; but in the 
bill as passed, it was only two and a half. — On Bohea tea, the duty was six 
cents, and on Hyson, twenty ; on loaf sugar, three cents, and on brown su- 
gar, one cent. On wines : Muderia, eighteen cents — other kinds, ten cents. 
On distilled spirits, Jamaica, proof, ten cents ; on other spirits, eight cents. 
And when imported in foreign vessels — Hyson tea, twenty-six cents ; and 
Bohea, eight cents. 



1789] WASHINGTON. 21 

mended it to Congress in his second public speech, — Jan- 
nary, 1790. But the discrhnination was not so great, be- 
tween these goods or articles imported, and others which did 
not conflict with the growth of our own manufactures, as 
was adopted thirty-five years later, when this policy of en- 
couragement and protection was pushed so far as to meet 
with warm opposition from some parts of the United States, 
on account of its eflects — which were more favorable to 
certain sections than to others — according to their respec- 
tive interests in manufactories : and at one time even to 
threaten the integrity of the Union.* 

The continental debt, at the close of the war, was forty- 
two million dollars; hut, in 1789, as the interest had been 
accumulating for six years, and the demands of the several 
States on Congress, the general government, were estimated 
at twenty-five millions. The whole public debt, to be pro- 
vided for by the federal government, amounted to about 
ninety-four millions. The receipts into the public treasury 
arising from the duties on imported articles, and on tonnage, 
according to the system adopted at this first session of Con- 
gress, were estimated at one million and a half of dollars; 
but it was soon found that they would far exceed that 
sum.f An estimate of expenditures for the ^^ear was also 
made by the House of Representatives at this time, as the 
secretary of the treasury had not then entered on the duties 
of his office ; and the sum for the civil list was ^'208,000 ; 
and for the war department, ,^* 137,000. J 

An act for collecting the duties on imported goods was 
also passed at this session of Congress ; the act was of great 
length, and employed much time in its preparation, and in 
its discussion, before it was adopted. And the bill laying 
a tonnage duty, occupied the attention of Congress during 
several days ; and a discrimination was made between 
vessels built in the United States, and in foreign countries, 
as well as those owned and navigated by Americans, and 
citizens or suhjects of foreign governments. 

These acts of the federal government went into opera- 

* At this early period, a difference of opinion was fully manifested in Con- 
gress, as to the measure of encouragement to manufactures, when the impost 
bill was under discussion — while little or no favor was shown for agricultural 
products. The latter was suggested and urged by members from the 
Southern States, but the members from the Eastern States contended for the 
former policy. 

t Others estimated the income from imports at 2,500,000, and the expenses 
for the whole civil list at 350,000. 

t This included Indian supplies, &c. 



22 FEDERAL GOVERNMENT. [1789 

tion the first of August ; and in one month the impost du- 
ties in Philadelphia amounted to 55,000 dollars; and in 
New York to 40,000, And, in these two ports, probably, 
accrued nearly half the amount received in all parts of the 
United States, at that period. The Customs in Boston, 
Charleston, and Baltimore, yielded the next highest amount.* 

The States of North Carolina and Rhode Island had not 
then accepted the Constitution, and were therefore hable 
to the increased duties required of foreign nations ; but, on 
application from those States, the discrimination was sus- 
pended, in the belief, probably, that they would soon adopt 
the federal compact, and become members of the Union, on 
an equal footing with the other States. f 

The law of Congress, regulating the federal Judiciary, 
was first proposed and discussed in the Senate, and was 
not passed till after the most mature deliberation. The 
great questions on this subject were, — of how many jus- 
tices the highest court should consist ; into how many dis- 
tricts the United States should be divided ; and what were 
their proper duties and powers under the federal Consti- 
tution. That instrument had but briefly stated the powers 
of the federal Judiciary, and in very general terms. And 
it was a difficult and intricate subject to define and point 
(Out the authority of that high tribunal, so as not to inter- 
;fere with the jurisdiction of the State courts, on the one 
hand, ;and not to decline or forbear judicial decisions, which 
by implication of the Constitution belonged to it, for the 
welfare of the Union, on the other.J The law provided 
for a Supreme Court, to consist of a Chief Justice, and five 
Associate Justices ; *§. and for a District Court, of inferior 
jurisdiction, in each ; and one for Maine and Kentucky ; 
the former being then a part of Massachusetts, and the lat- 
ter of Virginia. The tenure of office, for the Judges of the 
Supreme and other federal courts, was settled by the Con- 
stitution, and was during good behavior ; and therefore 

* Most of the Collectors of the Customs, first appointed, were those who 
had distinguished themselves in the war of the Revolution. 

t North Carolina adopted the Constitution, November, 1789, and Rhode 
Island, in 1790. 

i John Jay, of New York, was appointed Chief Justice ; and John Rut- 
ledge, of South Carolina, James Wilson, of Pennsylvania, William Cushing, 
.of Massachusetts, Robert H. Harrison, of Maryland, and John Blair, of Vir- 
-ginia. Associate Justices. 

§ Caleb Strong, of Massachusetts, was Chairman of the Committee of the 
Senate on this subject ; and was extremely anxious to prepare a bill as perfect 
as possible. A letter of his, relating to this bill, at the time, is before me. 



1789] WASHINGTON. 23 

the legislature expressed no opinion, as to that point in 
law, respecting the Judiciary. But in the law providing 
for the appointment of officers to he at the head of each 
executive department of the government, under the Presi- 
dent, a very grave question arose, relating to the tenure of 
their office. There was a long discussion on the subject, 
which called forth the abilities of the most eminent states- 
men and speakers in the House of Kepresentatives. It was 
contended, by those who apprehended too much power in 
the President, that these, and all other officers of the gov- 
ernment, in whose appointment the consent of the Senate 
was necessary, should not be removed without the appro- 
bation of that body. The Constitution was silent on this 
point ; and it was argued, that, as that instrument should 
be construed rigidly, it would be improper to give the Pres- 
ident such a power, or to acquiesce in his exercise of it. 
And it was also urged, that it might be liable to great abuse, 
and serve to render the Chief Magistrate arbitrary, and, in 
some measure, absolute. On the other hand, it was ob- 
served and insisted, that this condition, of requiring the 
consent of the Senate, in removals of executive officers im- 
mediately under him, and for whose conduct he was, in a 
great measure, responsible, would be an improper restraint 
on the Chief Magistrate, would be an encroachment on his 
just and necessary authority, and would often operate ta 
the injury of the public. The nature of the case, it was 
argued, required that the President should have power to- 
remove an unfaithful or incompetent or inefficient officer, 
without consulting the Senate who would often be absent 
from the Seat of Government for half the year, and who 
could not possibly be acquainted with the ability of the in- 
cumbent, or the circumstances of the case, to form an ac- 
curate and just opinion. 

Very plausible and ingenious speeches were made in op- 
position to granting, or recognizing in the President, such 
great authority ; but it was fully shown, at the same time, 
that the President would be paralized in his desire to ex- 
ercise power for the public welfare, if rendered necessary to 
remove unfaithful and negligent officers, who were appoint- 
ed merely to execute his will and his orders. And the bill 
was finally passed by the House of Representatives, with- 
out denying the power of the President, by a vote of thirty- 
three to twenty. 

This decision had particular reference to the Secretary 
of State, or for foreign affairs — the question arose, when 
the bill for the appointment of such an officer, to assist the 



\ 



FEDERAL GOVERNMENT. 



[1789 



^ President, was under consideration. The arguments which 
prevailed in that case, however, would apply with equal 
force, as some contended, to the heads of all the executive 
departments, to collectors of the customs, and to marshals, 
&c. But even in such cases, it would appear proper the 
President should have the power of removal without the 
assent of the Senate. That he should possess the power, 
as to the high confidential officers about him, and concern- 
ed in administering the government, there cannot be a rea- 
sonable doubt. And here, the reason is apparent in favor 
of such a power, when only pohtical subjects and measures 
of moment are concerned ; for executive officers under the 
chief magistrate are but his agents, and entirely under his 
^ yiirection and control. But when this power is exercised, 
in the removal of subordinate executive officers, merely for 
party politics, it is extremely doubtful whether it be agree- 
able to the spirit of the Constitution, or for the welfare of 
the people, or the preservation of liberty. And whenever 
such power is displayed, in wantonness or caprice, or for 
party purposes, the chief magistrate and his advisers may 
expect to be visited witlf an expression of the honest indig- 
nation of a virtuous people. 

At the first session of Congress, a proposition was offered, 
for fixing on a place, as a permanent seat of the federal 
government, and for the future meetings of the legislature 
•of the> Union. Several places were proposed, as Trenton 
in New Jersey, Philadelphia, Germantown, the east bank 
of the Susquehanna river, also the west side in Maryland, 
Wilmington in the State of Delaware, and the eastern bank 
of the Potomac. The subject excited much interest, and 
was discussed several days, though other business of far 
greater immediate importance was before Congress. The 
plan included a territory of ten miles square, to be under 
the jurisdiction of Congress, whenever it might be decided 
to erect buildings for the convenience of Congress and the 
officers of the general government. But no decision was 
had on the subject at the first session : the Senate voted 
to postpone it. 

Some time was also occupied in preparing and discussing 
the bill for compensation to the President and Vice Presi- 
dent, members of the Senate and House of Representatives, 
the heads of departments, collectors, controllers, auditors 
and other officers under the Secretary of the Treasury, &c. 
The members, generally, from the eastern States, were op- 
posed to high salaries, or large compensation. In these 
States public offi.cers received moderate salaries, the people 



1789] WASHINGTON. 25 

were economical, and would probably complain if the com- 
pensation was much greater than had been allowed to their 
State rulers and judges. The southern members were in 
the habit of a more expensive mode of living ; and they 
contended, that now, in time of peace, and patriotism not 
requiring personal sacrifices, and the public service inter- 
fering almost wholly with other lucrative employment, it 
was proper to allow a decent support. The Senate also in- 
sisted that their pay should be more than that of the Rep- 
resentatives. But the proposed discrimination was not 
adopted by the House. The salary of the President was 
fixed at twenty-five thousand dollars per annum, and so re- 
mains to the present period. The Vice President's was five 
thousand dollars per annum, and still continues the same. 
The salaries of the Judges and of the heads of departments 
have been increased since first voted, in 1789, about thirty- 
three per cent. The compensation for Senators and Rep- 
resentatives was fixed at six dollars per diem ; and after- 
wards, in 1818, was raised to eight dollars ; and this sum 
they still receive for their daily pay. 

The form of an oath was prescribed by law, early in this 
session of Congress, to be taken by all the federal ofiicers, 
and by members of the legislature of the Union, in which 
they were to swear or affirm solemnly to support the Consti- 
tution of the United States : But no religious test was im- 
posed ; nor did the Constitution require it ; and one of the 
amendments to that instrument expressly provided that 
Congress should make no law respecting an establishment 
of religion, or prohibiting the free exercise thereof. This 
important subject belongs solely to the power and will of 
the majority in the respective States, and they have wisely 
declined, of late, to interfere in so delicate and difficult a 
subject. In several States, however, there are laws against 
blasphemy, and rendering those lialDle to punishment who 
endeavor, by public acts, to cast contempt on the Christian 
religion, or by publications of a libellous character on the 
common faith and worship of the people.* 

* At this session of Congress, by request of the two Houses of the federal 
Legislature, the President recommended a day for public religious service and 
thanksgiving. The motion for this request was made by Elias Bowdoin, of 
New Jersey. When John Adams was President he issued a proclamation for 
a Fast throughout the Union. And all religious persons approved it, and ob- 
served the day in a religious manner. But many truly pious Christian people 
were of opinion that such days should be proposed only by the several States, 
within their own jurisdiction. 

4 



26 FEDERAL GOVERNMENT. [1789 

A proposition was made to Congress, at this time, and a 
committee accordingly appointed, to consider the propriety 
of establishing a permanent system of bankruptcy through- 
out the United States. The importance of such a system 
was suggested and urged by several members, but the com- 
mittee made no report, and prepared no bill for the purpose, 
during the first session of Congress. 

A law was passed establishing a Post Office Department ; 
and it was provided that the mail should be carried from 
Portland, in Maine, to Savannah, in Georgia, a distance of 
fifteen hundred miles. It was soon after extended one hun- 
dred and fifty miles farther eastward, in Maine ; and dif- 
ferent branches or routes were also provided for conveying 
the mail in various parts of the country. 

The territory in the west and north west part of the 
United States was put under a Governor and other neces- 
sary officers, who were appointed by the President and 
Senate , for the maintenance of peace and good order in 
that section of the national domain, where the people from 
the old States cease making extensive settlements. This 
was the more necessary, as several tribes of the native 
Indians v/ere living on the territory. Provision was also 
made, at this time, for having troops in that part of the 
country, as had been already done by the old Congress, 
for the protection of the frontier" settlers. The territory 
was very extensive, and included all that part of the United 
States which lies west of Pennsylvania and west and north 
west of Virginia. A land office was ordered to be estab- 
lished in the territory, for the survey and sale of the public 
lands. The territory, though then under one government, 
included Ohio, Indiana, Illinois, Michigan, Wisconsin, and 
Iowa. 

A subject of very great consideration, which engaged the 
attention of the first Congress, was that of additional arti- 
cles, as amendments to the federal Constitution. A ma- 
jority of the States, which adopted the national compact, 
proposed certain articles to be added to it, as has been al- 
ready observed. These indeed were not made a condition 
oi thair assent to and support of the Constitution ; but they 
were an expression of their opinion in favor of these, or 
similar articles. The most of these went to limit, or rather, 
more clearly to define the powers granted to the federal or 
general government. The powers delegated to Congress 
were for general or national purposes ; and were enumer- 
ated in the Constitution : But there was also a clause added 
to this specification, granting authority to make all laws ne- 



1789] WASHINGTON. 27 

cessary and proper for carrying into execution the several 
powers particularly mentioned, and all other powers vested 
in the government of the U. States, by the Constitution. — ■ 
This clause was proper and necessary ; but those who 
were opposed to granting large powers to Congress, and 
were jealous of State rights ; and aware, probably, that 
men in power, are inclined to extend their authority and to 
claim more than was meant to be delegated. — All such 
were desirous of limiting the powers of the federal govern- 
ment to the specific purposes expressed in the Constitution : 
And to reserve to the several States all the political author- 
ity not expressly granted. 

In most of the State Constitutions, there was a bill of 
rights, which was designed to limit, in some measure, the 
power even of those governments or legislatures. To the 
federal constitution, there was no such declaration of rights, 
either of the people or of the State governments ; and, from 
the nature of the federal government, being designed by the 
several States for specific purposes, many concluded that a 
bill of rights was unnecessary, as whatever powers were 
not clearly granted to Congress, remained with the respec- 
tive State governments. But a majority of the people were 
not satisfied with this reasoning; and additional articles 
were therefore proposed by Conventions in most of the 
States, wTien they adopted the Constitution. 

The subject was justly deemed of great importance by 
Congress, and early received their close attention and con- 
sideration. Mr. Madison, of Virginia, first called the atten- 
tion of Congress to the subject : and proposed various 
amendments, all tending to limit or define the powers of the 
federal government. In the course of discussion on these 
articles, various alterations were proposed, and many days 
were occupied in the consideration of them, both by the 
House of Representatives and the Senate. Sixteen articles 
were finally approved by the requisite majority of Con- 
gress,* and recommended to the several States to be adopted, 
either by the legislatures thereof, or by Conventions called 
expressly for the purpose, and chosen immediately by the 
people, as were the Conventions for adopting the original 
Constitution, in 1787 and 1788. 

In most of the States, the proposed amendments were 
considered and adopted by the legislatures ; but in a few 
cases. Conventions were called for the purpose. Ten of 
the articles proposed and recommended by Congress — Sep- 

* The Constitution required two thirds of both Houses. 



28 FEDERAL GOVERNMENT. [1789 

temher, 1789 — were approved by two- thirds of the States; 
and thus became parts of the federal Constitution, of equal 
authority and validity as the original instrument. Two 
other articles were added at a later period, being approved 
by two-thirds of the States in the Union. The great ob- 
ject of these amendments of the Constitution was to secure 
the rights of individuals, on charge or suspicion of crimes 
committed against the United States, by treasonable acts, 
or violations of the laws of Congress ; and to preserve to 
the respective State governments all the authority and 
power not clearly vested in the general government by the 
federal compact.* 

These additional articles of the Constitution were highly 
important ; as they served to define the powers of the fed- 
eral government, and to prevent its encroachment on the 
rights of the States. Besides, the Constitution, adopted by 
the people of the several States, is the rule for the federal 
legislature, the source of their political power, and to the 
provisions of which they are obliged to conform. It is the 
supreme law of the land, and therefore paramount even 
to the power of the national legislature itself. If it were 
not so, our republican government would have no more 
stability than those which have existed, for short periods, 
in other countries. But for the check thus provided, the 
general government might have usurped powers, not in- 
tended to be granted, and injurious to the proper authority 
of the several States, by claiming a paramount or super- 
vising authority over them in all cases. And thus have 
formed a national or consolidated government, which, 
neither the framers of the Constitution, nor the States which 
assented to it, intended ; though they did intend a co?isoli- 
da/Jofi of the Union. 

After an adjournment of three months, the Congress 
again met, on the first of January, 1790 ; and early in this 
session, a report was made by the Secretary of the Treas- 
ury, in conformity to an order of the House of Representa- 
tives before the adjournment. This report related to the 
financial concerns of the United States, its resources, and 
the means for supporting the public credit, and gradually 
paying the public debt ; to the probable receipts and ex- 
penditures of the year then commenced, and also for future 

* Amendments proposed by some States, but deemed of minor importance, 
were not recommended by Congress ; for they were nimierous, and probably 
would have been rejected by most of the legislatures. The New York Con- 
vention had proposed to limit the term of the presidential service to four 
years. A proposition often since made, in and out of Congress. 



1790] WASHINGTON. 29^ 

years ; and to the policy of fostering domestic manufac- 
tures. In the pubhc opinion, it discovered uncommon 
abiUty and research, extensive knowledge of the financial 
policy and laws of European nations, and of the future 
prosperity of the United States, which might justly be an- 
ticipated, under a wise and provident administration. 

In this report from the Secretary of the Treasury, the 
public debt was stated to be but seventy millions of dollars ; 
a less sum than was supposed by a committee of Congress 
at the first session : and the proceeds from imposts and 
tonnage, ^2,170,000. It was proposed to raise a revenue 
also from an inland excise, which it was estimated would 
yield more than a million and a half A plan was pre- 
sented for a new tariff of duties on imported goods, to be 
fixed at a higher rate ; and it intimated that the foreign 
debt would admit of a less interest than had been pre- 
viously allowed. A loan of twelve millions was also re- 
commended, to meet the immediate demands on the United 
States, as necessary to sustain the public credit. It was 
further proposed in the report, that the public debt should 
be funded, and the debts of the several States, incurred for 
the general defence, in the time of the Revolution, should 
be assumed by the United States. 

In the speech of the President to Congress, at the begin- 
ning of the second session, he referred to several subjects of 
a public nature, Avhich he deemed worthy of particular 
consideration at that time, as the Constitution had made it 
his duty. After noticing the state of general prosperity, 
and the approbation expressed by the people, of the meas- 
ures adopted at the former session of the federal legislature, 
for the relief and benefit of the country, it was necessary, 
he said, to provide for the common defence. " To be pre- 
pared for war, was one of the most efiectual means to pre- 
vent it." He recommended, that provision be made by 
law for arming and disciplinina; the militia, as the Consti- 
tution authorized ; and that particular attention be given 
to manufactures ; especially such as would render us inde- 
pendent, for military and other essential supplies, of foreign 
nations. He observed that pacific measures would be 
adopted towards the native Indians,* within the limits of 

* Under the administration of Washington, the policy of the federal gov- 
ernment was just and proper. He knew their peculiar character ; and while 
he sought to cultivate peace with them, and to treat them according to the 
principles of equity and justice, he considered it necessary to provide against 
their depredations by a military force on the western frontier. He therefore 
early endeavored to secure their friendship by treaties. But when the Indians 



30 FEDERAL GOVERNMENT. [1790 

the United States ; but that it would be necessary imme- 
diately to provide means of protection to the inhabitants in 
their vicinity; and that provision should be made for 
maintaining a diplomatic intercourse with foreign nations, 
for the honor and peace of the United States. He also 
suggested the importance of a uniform rule of naturaliza- 
-tion ; and of uniformity in the currency, and of weights and 
measures, through the United States. The facility of inter- 
course between distant parts of the country, by means 
of Post Offices, and Post Roads, and the encouragement 
of useful inventions and of science, were likewise urged 
upon the attention of Congress.* The answer to the speech 
of the President, both of the Senate, and of the House of 
Representatives, expressed sentiments of entire approbation 
of his official acts, and of the plans and objects of a po- 
Utical nature, which he recommended. And the subjects 
suggested in the address, received the immediate attention 
of the national legislature, and were referred to committees 
for consideration. The report of the Secretary was also 
referred to committees, and a strong desire manifested to 
consider his suggestions for modifying the revenue law, 
which was passed at the first session ; and for rendering 
it more productive and more equable in its operation. 

A report was early made respecting the Indian tribes in 
the United States ; and on this occasion the House of Rep- 
resentatives sat with closed doors ; which was the occasion 
of some complaint ; as if Congress proposed and were ma- 
turing some improper measures. But it soon died away, 
from the confident belief that the members were so wise 
and patriotic, as to guaranty the propriety and rectitude of 
their plans. It was thought proper to prepare an armed 
force for the safety of the inhabitants then settled and set- 
tling on the Ohio river, in such manner as to give as little 
alarm as possible to the Indian tribes. Major-general 

appeared in a threatening and hostile attitude, he promptly prepared to check 
their inroads into our territory, by arms. At this period, there was reason to 
believe, that several tribes were instigated to commit depredations on people 
within the United States, by the British in Canada ; who then still held pos- 
session of some forts in the west, ceded to the United States by the treaty of 
peace, in 1783. It cannot, perhaps, be justly denied, that in some cases, the 
savages had reason to complain of encroachments and unjust treatment, on 
the part of the citizens of the United States ; and were provoked to acts of 
cruelty or retaliation from a natural spirit of revenge. 

* The President proceeded to the Senate chamber on the second day of 
the session, when the members of the House, by his request, attended, and 
made the speech in person, as he did also when he first met Congress, after 
his induction into office. On this occasion his dress was of American manu- 
facture. 



1790] WASHINGTON. 31 

St. Clair was then commanding in that section of the coun- 
try ; and it was deemed important to strengthen him by 
additional troops. Humanity weeps at the recollection of 
the degraded, and sometimes injured savages of the wil- 
derness ; but the earth was made to be cultivated ; and the 
peaceable tenants of the soil should be protected in their 
labors. 

Agreeably to the suggestions of the President, provision 
was made for maintaining diplomatic intercourse with sev- 
eral nations of Europe ; and a law was also enacted for a 
uniform system of naturalization throughout the United 
States. Ministers" were early sent to the court of Great 
Britain, France, Spain, and Portugal, and afterwards to 
Holland, to Russia, and to Prussia. Under the old Con- 
gress, ministers from the United States had resided at most 
of those courts. 

The report of the Secretary of the Treasury, relating to 
the fiscal concerns of the country, presented important 
plans and measures for the consideration of Congress. 
And though the report was finally approved, as to its prin- 
ciples and outlines, much time was consumed in the exam- 
ination of its details.* The proposition to make a ditfer- 
ence between domestic and foreign creditors, as well as be- 
tween the original and the (then) present holders of evi- 
dence of debt against the government, though urged with 
much zeal and some plausibility, did not receive the sanc- 
tion of the majority in Congress ; for it was believed, that 
the honor of the government, and the principles of good 
faith, which should govern in pecuniary affairs, required 
that the holders of public securities should be paid without 
exception or distinction.! 

As proposed by the Secretary of the Treasury, in his re- 
port to Congress, 1790, the payment of four-fifths of the 
debts of each State, incurred in the war of the Revolution, 
for the general defence, was assumed by the federal gov- 
ernment. Justice and good policy alike demanded this 
measure ; for Congress had the entire control of the reve- 
nue arising from commerce and navigation ; and this pow- 

* There were different modes or principles of discrimination among the 
pubHc creditors suggested. That advocated by Mr. Madison was the least 
exceptionable, but it did not prevail. Mr. Ames opposed it in a very able and 
convincing manner. 

+ The Secretary of the Tj^^^||b his report, estimated the public debt at 
little less than a Committ^^^^^^Bpi se had, at the first session, and the 
annual expenses of govern^^^^^^Brest of the debt at three and a half 
millious. 



T^HBbhis 
a^^^^^^Bre 



32 FEDERAL GOVERNMENT. [1790 

er was granted by the Constitution for the express purpose 
of paying off the public debt. Some States had advanced 
more than their just proportion in the expenses of the war. 
On inquiry, it was ascertained, that several had claims on 
the general government, for a balance due, or an excess 
over their proportion ; and that others had not expended 
their full and just share. The amount thus assumed by 
Congress, was twenty-one millions and a half; which was 
nearly half as much as the general government, or old con- 
tinental Congress had directly contracted. South Carolina 
and Massachusetts were the largest claimants on the fed- 
eral government for balances in their favor.* The assump- 
tion of the debts contracted by the several States during 
the war, for the welfare of all, was not agreed to, however, 
without warm opposition. And, in one stage of the bill for 
the purpose, the majority voted against it. But the justice 
of the measure was so fully shown, that it finally prevailed, 
and an act of Congress was passed for that object, in Au- 
gust, 1790. 

The military establishment of the United States was, at 
the second session of first Congress, fixed at twelve hun- 
dred men, and to be enlisted for three years; to consist of 
three battalions of infantry, and one of artillery ; and by 
the same law, the President of the United States was au- 
thorized to call into service, such part of the militia of any 
State, as he should judge necessary, to aid the regular 
troops in protecting the people on the frontiers. 

In the month of July, of this session, an act was passed, 
providing for the permanent seat of the government of the 
United States, on the banks of the Potomac, including a 
Iract of land of ten miles square ; a part of which was 
with in the State of Maryland, and a part in Virginia. And 
in the act of acceptance of the territory, it was also pro- 
vided, "that the operation of the laws of the State within 
such district or territory, should not be affected by the ces- 
sion, till the time fixed for the removal of the government 
thereto^ and until Congress shoidd otherwise provide by 
law.''^ 

During the second session of this Congress, several pe- 
titions were presented on the subject of slavery ; which 
were subscribed chiefly by the people called Quakers, and 
citizens of Pennsylvania. Dr. Franklin's name was at the 



* During the whole war, Massachuset^^^^^^Be-fiflh of the continental 
army, and some part of it nearly one-foi^^^^^^^Bierally had State troops 
out to guard her coasts of 500 miles. 






1790] WASHINGTON. 33 

head of one of these memorials. There was some opposi- 
tion to have them considered at all, as the subject did not 
belong to Congress, and was solely within the jurisdiction 
of the several State governments. The subject, however, 
was discussed at various times, and a report was finally- 
made and adopted, though by a small majority, in sub- 
stance as follows: That the general government is re- 
strained from prohibiting the importation of slaves before 
the year 1808 ; that, by fair construction, Congress is also 
restrained from interfering in the emancipation of slaves, 
who already are, or may, within that period, be imported 
into, or born within any of the States ; that Congress have 
authority to interdict or regulate the African trade, so far 
as relates to citizens of the United States supplying for- 
eigners; and to make provision by law for the humane 
treatment of slaves : and that the federal government has 
power also to prohibit foreigners from fitting out vessels, 
in any ports of the Union, for that traffic. 

Some of the members from the South said they should 
consider their States undone, if any interference took place, 
as to the subject, and warmly opposed any action of the 
federal government ; but other members contended that 
humanity, justice, and good policy required something to 
be devised to alleviate the condition of the unfortunate- 
Africans. Still, many individuals, as humane as they 
were enlightened, thought that any great interference with 
slavery would endanger the Union, and that the Constitu- 
tion did not authorize it. 

An act was passed by the first Congress, in April, 1790, 
to promote the progress of the useful arts, which secured 
to the inventors of any machine, engine, art, or manufac- 
ture, the sole right to the use, and sale of a right to use, 
such invention. This was considered an important law ; 
and it operated as a stimulus to various inventions, highly 
beneficial to society. In June, of the same year, a law of 
Congress was passed, securing to authors and publishers 
of books, the exclusive right to print and sell such works 
for a number of years. The law was similar to those in 
force in England, and other countries in Europe. 

In July, 1790, during the second session of the first 
Congress, provision was made by law for the debt of the 
United States ; in a^^ reat measure conformably to the 
recommendation ofj^Hfecretary of the Treasury ; which 
was, in fact, for p^^^^Tof the national debts, by a fund- 
ing system, (usuall^^^Rilled,) and by loans. The law 
authorized new loa^^^^Bthe creditors of the United States^ 
5 ^P 



34 FEDERAL GOVERNMENT. [1790 

were invited to subscribe, and to pay for the sum sub- 
scribed in their securities or notes of a former date. In- 
terest was allowed on the new stock thus created by the 
loan subscribed to ; and a part of the principal to be paid 
at certain periods in future. Some of the stock bore an 
interest of six per cent., and some only three. The Presi- 
dent was authorized to borrow twelve millions of dollars, 
on the credit of the United States, to meet demands or part 
of demands already due, and the interest due to the public 
creditors. 

During this Congress, provision was made for a gradual 
reduction of the public debt, by paying it in annual instal- 
ments, at an early period ; so anxious were the members 
of laying a foundation, or preparing a plan, for this im- 
portant purpose. But both on the question of funding the 
public debt, and of assuming the debts of the several 
States, a warm discussion took place, which continued 
many days, and called forth the abilities of the distin- 
guished members of Congress. It was not wholly of a 
sectional character ; and political parties were not then 
formed : but different views were expressed ; and the mem- 
bers from those States, which had advanced the least in 
the war of the Revolution, were the most opposed to these 
propositions. The majority of the House was, at one 
time, against adopting ; but the Senate was in favor of the 
measure, and the House finally yielded, by a small major- 
ity. Had not these measures been adopted, the conse- 
quences might have been most unhappy for the welfare of 
the Union. For the funding system was necessary to re- 
vive and support the credit of the country ; and the 
assumption of the State debts was equally necessary to do 
justice to those States, which expended most largely and 
suffered most severely, in the contest for liberty and inde- 
pendence. Sedgwick, Gerry, and Ames, of Massachusetts, 
were very eloquent on this occasion, and declared that the 
federal government would fail essentially in providing a 
remedy for existing evils, and in securing justice to the 
States, which was the express design of its establishment, 
unless the debts of the States were assumed, and prompt 
measures adopted for payment of the public debt. 

Several members of the first Congress had been delegates 
in the Convention which formed the federal Constitution, 
as Strong, Gerry, Sherman, Lan||^^ Gilman, Carroll, 
King, Clymer, Fitzsimons, Morri^^^Ktt, Reed, McHen- 
ry, Butler, Few, and Baldwin, ^^^k the most distin- 
guished and active members of t^^^Ese of Representa- 



1790] WAsmNGTON. 35 

tives, as appears from the debates and proceedings which 
have been preserved, were Livermore « ; Ames, Goodhue, 
Gerry, Sedgwick * ; Sherman, Trumbull, Wadsworth « ; 
Benson, Lawrence ^ ; Boudinot * ; Muhlenburg, Hartley, 
Fitzsimons-^; Vining ^ ; Contee, Smith, Stone * ; Madison, 
Page, Lee, Bland, Moore, Parker*; Burke, Hiiger, Smith, 
Sumpter*; Baldwin, Jackson.' 

The federal government may be justly considered a new 
political era in the United States. A great change was 
effected by its influence, through the whole country ; which 
proved highly auspicious to the interests and welfare of all 
classes of people. The advantages of Independence were 
now fully perceived; and the blessings of civil liberty, 
happily realized. And it is difficult to imagine even, the 
divisions, disorders, and misery which would have ensued, 
if the federal Constitution had not been adopted, and the 
general government formed at that period. The common 
external dangers which had united the several States, and 
pressed them together in concert and action, had ceased, — 
and the unsettled condition of the American people gave 
indications of as great evils, as had been endured in the 
war of the Revolution. The federal government was estab- 
lished by the wisdom and patriotism of that critical period ; 
and thus a remedy, and the means of safety and prosperity 
were happily provided. 

There was a third Session of the first Congress, which 
was held in the city of Philadelphia, on the first Monday 
of December, 1790 ; when much remained to be done, to 
perfect the operations of the federal government, or to ac- 
complish all the purposes it was designed to effect. At the 
two former meetings. Congress had been diligent and faith- 
ful in setting the great political machine in motion ; but 
time could not fail to discover some defects, or some omis- 
sions, which it was necessary to remedy and to supply. 
Several laws, passed at the former sessions, as that of estab- 
lishing Judicial Courts, and those for raising and collecting 
the revenue, were altered at this. The first new State 
formed by the federal government was that part of Vir- 
ginia, called the District of Kentucky ; and Congress gave 
its consent to the application for that purpose, (an Act of 
Virginia having also passed in favor of the measure,) 
in February, 1791. And Kentucky then became one of the 

a New Hampshire. jBBissachusetts. c Connecticut, d New York, 
c New Jersey. / Pennl^Hia. g Delaware, h Maryland, i Virginia. 
k South Carolina. I Gee 




36 FEDERAL GOVERNMENT. [1791 

States in the Union, with all the powers and rights of the 
original members. A few days later, Congress passed an 
Act for the admission of the State of Vermont into the 
Union. The latter, however, was to be considered as one 
of the States in March, then next following ; but Kentucky 
not until June, 1792. Parts of Vermont had been settled 
long before that period, and had sent commissioners, the 
year before, to Congress, to make application for that pur- 
pose. The Constitution provides for the admission of new 
States into the Union by Congress ; requiring, however, the 
consent of the Legislature of a State, within whose juris- 
diction, the additional State is to be formed, or created. 
Kentucky being within a part of the State of Virginia, her 
consent was necessary to the admission of that State ; but 
Vermont was not strictly within the jurisdiction of any 
other State, although New Hampshire had claimed to have 
a right to a part of the territory : and therefore the con- 
sent of any other individual State was not necessary to her 
admission into the Union. In February, 1791, an Act was 
passed by Congress " to give effect to the laws of the federal 
government within the State of Vermont." 

One of the most important Acts of Congress at this session, 
which was necessarily terminated the third of March, 1791, 
was that for establishing a Bank of the U. States : This was 
important, in a practical view, to give efficiency to the fiscal 
concerns both of the federal government and to individual 
enterprise, especially in commercial pursuits ; and also as 
to a great constitutional question, — the right of the general 
government to form and incorporate such an institution. 
The reasons given for the incorporation of the Bank were, 
" that it would be conducive to the successful conducting of 
the national finances, tend to afibrd facilities to .the obtain- 
ing of loans, for the benefit of government, in sudden emer- 
gencies, and be productive of great advantages to the trade 
and- industry of the country." The preamble further 
states, " that the bank should be on a foundation suffi- 
ciently extensive to answer the purposes, intended by it; 
and, at the same time, on principles which might afford 
adequate security for an upright and jirudent administration 
thereof.''^ Notwithstanding the great objections then, and 
since, at various times, made to a Bank of the United 
States, it would seem to be highly expedient ; alike useful to 
the government and to individual ejjterprise, as asserted, 
and as generally believed ; still it is n|a|t important, that its 
administration and management shc^B be in all 'prudence 
and nprigJUticss ; and not for the jRefit of a few: nor, 



1791] WASHINGTON. 37 

more than all, for electioneering, and party purposes. It 
is in the abuse and perversion of such an institution, that 
it can be an evil, either to government or to the people. 

This act of incorporation for a Bank of the United 
States, was for the period of twenty years ; and the capital 
was to be ten millions of dollars. There were to be twen- 
ty-five shares, of four hundred dollars a share. Three- 
fourths of the amount of shares subscribed for, were paya- 
ble in evidences of the public debt, which had been loaned 
agreeably to a previous Act of Congress. The President 
of the United States was authorized to subscribe two mil- 
lions of the capital stock on behalf of the general govern- 
ment. The Bank was to be located in Philadelphia ; but 
branch banks were provided for in other parts of the United 
States, as the directors should think proper, for the purpose 
of discounting and deposites. 

As the chief executive officer of the general govern- 
ment, Washington was most faithfully attentive to every 
subject relating to the welfare and the rights of the United 
States. At an early period of his presidency, he remon- 
strated against the British in holding some forts within the 
national territory, which they had occupied during the 
war, but which the treaty of peace of 1783, stipulated 
should be given up, and abandoned by the British troops. 

In February, 1791, he sent a message to Congress, in 
which he says, " that soon after I was called to administer 
the government, I found it important to come to an under- 
standing with the Court of London, on several points inter- 
esting to the United States; and particularly to know, if 
they were disposed to enter into arrangements by mutual 
consent, which should fix the commerce of the two nations 
on principles of reciprocal advantage. For this purpose, I 
have authorized informal conferences with their ministers ; 
but do not discover any disposition, on their part, to enter 
into any arrangements merely commercial. This informa- 
tion I have thought proper to communicate, as it may have 
some influence on your deliberations." It was publicly 
rumored and believed, that, after the system of duties 
on goods and articles imported from Great Britain or her 
colonies was established by Congress, the British ministry 
made propositions to bind the federal government not to 
raise these duties ; but offering no proper commercial ben- 
efits, as reciprocal, these were not accepted by the Amer- 
ican administration, ^oon after the Message of the Presi- 
dent, an Act of CongMEs was passed prohibiting the im- 
portation of goods and'^roducts, except in vessels belonging 



38 FEDERAL GOVERNMENT. [1791 

to the United States, or in such as belonged to the country, 
of which such goods, or products, were the growth or 
manufacture ; or in ships of such countries as permitted 
the vessels of the United States to carry goods and products 
not the manufacture or growth of the United States ; and 
additional duties were also imposed, in cases where shipped 
at places from which the vessels of the United States were 
excluded to make exports. 

In March, 1791, Congress resolved to establish a mint for 
the purpose of a national coinage ; and the following year, 
it was ordered, " that the establishment should be at the seat 
of the federal government, for the time being." The di- 
rector, assayer and chief coiner, were to be subject to such 
regulations as Congress might order and require. The 
coins to be struck and issued were, — of gold, eagles, of the 
vahie of ten dollars — half-eagles, quarter-eagles ; of silver, 
dollars of the same value as Spanish-milled dollars — then 
current in the United States, — half-dollars, quarter-dollars ; 
dimes, of the value of one tenth of a dollar, half-dimes ; and 
cents of the value of one hundredths of a dollar, and half- 
cents. 

It required no ordinary abilities and wisdorn, to put the 
new government in successful operation. The nature of 
the government was in some respects peculiar. Its powers 
were to be exercised strictly, or fairly, according to the 
Constitution ; and it was difficult to discriminate, in all 
cases, between the power of the general and of the State 
governments. The States were jealous, and justly so, per- 
haps, of the federal government, fearing it would assume 
authority not given it by the compact ; and might there- 
fore sometimes complain without just cause. 

President Washington would not designedly assume 
power not delegated ; nor would he fear to exercise the 
authority granted, and necessary for the general good, by 
the clamors of the ignorant or discontented. As in organ- 
izing and commandmg the army of the United States, in 
1775 — 1783, he had almost to create, and manifested 
equal decision and moderation ; so, in using the power 
given to the chief magistrate of the Union, he was alike 
firm and prudent ; and, with the aid of the first Secretary 
of the Treasury, raised the prostrate credit of the country, 
and gave an impulse to the government, which was long 
felt, and which produced a state of unexpected national 
prosperity and respectability.* 

* During this session, by recommendation o^lhe President, Congress or- 
dered another regiment of men to be raised, for" the public service, to recruit 
the troops then in the field ; which amounted to only 1200. 



1791] WASHINGTON. 39 



CHAPTER II. 

Second Congress, October, 1791. Closed Doors. Of Senate. Indian Hostil- 
ities. Public Finances. Additional Duties. Excise. Militia System. Power 
of the Federal Government over the Militia. Cessions of Land to the United 
States by individual States. United States troops under General St. Clair De- 
feated. Treaties with Indians, and Efforts to have Peace with them. British 
hold Forts in the Northwest. Message of President, October, 1791. Com- 
plaints of British Aggressions. Petitions against Slavery, 1792. Fisheries. 
Number and Apportionment of Federal Representatives ; Opinion of Wash- 
ington on the subject. Negotiation with Great Britain. Her Restrictions on 
American Commerce. 

The Second Congress met at Philadelphia, on the 24th of 
October, 1791. The time designated by the Constitution 
for the assembling of every new Congress, was December, 
unless some other time should be appointed by a law of the 
federal Legislature. There was much urgent business be- 
fore the first Congress, at its last session, which terminated 
on the third of March, by an express provision in the Con- 
stitution ; and therefore October was fixed for the meeting 
of the next Congress. A great proportion of the Represen- 
tatives were the same as composed the House in the first 
Congress. And the whole number was now sixty-five ; 
usually fifty-eight or sixty present, at the same time ; Ver- 
mont and Kentucky had each two Representatives now in 
the House. 

During the first and second sessions of Congress, the 
Senate chamber was not open to strangers and spectators ; 
but there was always free admission into the galleries of 
the House of Representatives, so that the speeches of the 
members were heard, and generally fully reported. On 
several occasions, however, the galleries were cleared, and 
the House sat with closed doors. This was matter of com- 
plaint with a few persons, of suspicious and jealous dispo- 
sitions. It was afterwards known, that subjects were un- 
der discussion, which fully justified secrecy at the time. 
They related to an increase of the military force, on the 
western frontiers. And the people very generally admitted 
the prudence of the measure. In subsequent periods, the 
House has often ordered its doors closed, and all spectators 
excluded, when the btisiness before them was deemed of 



40 FEDERAL GOVERNMENT. [1791 

such a nature as to require secrecy for a short time. When 
engaged in executive business, the Senate still holds its 
meetings with closed doors. But at that Congress, and 
afterwards, the Senate chamber was also open to those 
who wished to hear the discussions of that branch of the 
legislature on other subjects. 

In 1791, the troops of the United Slates on or near the 
Ohio river, were attacked by the hostile tribes of Indians 
in that part of the country, and many Americans were 
slain. This defeat led to an increase of regular troops in 
that quarter ; which was the occasion of some complaint, 
as if the military operations of the United States were of- 
fensive and unjust. But the western frontiers of Virginia 
and Pennsylvania, were then fast settling, and it became 
necessary for the general government to atford protection 
to the inhabitants. And it was only on the territory which 
belonged to the United States by treaty and fair purchase, 
that the Americans were settled. During the same year, 
the Creek tribe of Indians appeared in a hostile attitude, 
committed some depredations, and threatened farther inju- 
ries. The Society of Friends in Pennsylvania, remon- 
strated to Congress against the war with the Indian tribes, 
and expressed an opinion that it was unnecessary and un- 
just. But it appears not to have had any effect. Wash- 
ino-ton would not approve or maintain hostilities against 
them, had he not deemed it just and proper for the govern- 
ment to give protection to the people of the United States, 
who were exposed. 

In January, 1792, the Secretary of the Treasury of the 
United States, was required by the House of Representa- 
tives, to lay before them a statement of the public finances, 
that they might more correctly judge of the sufficiency of 
the revenue to meet all the demands on the government ; 
and whether any additional duties were necessary to main- 
tain the credit of the nation. The Secretary made a report 
in the same month ; in which he stated, that the sums re- 
quired by the appropriations voted in 1791, amounted to 
^7,082,190 ; that the net product of all the public revenue 
during the year 1791, was ^7,029,7.50; that the total 
annual expenditures of the United States, amounted to 
^3,688,043, and that the product for the year 1792, was 
estimated at ^3,700,000. 

An Act of Congress was passed in 1792, altering the 
duties, previously required to be paid on spirits, distilled 
within the United States ; whether from molasses, sugar, 



1792] WASHINGTON. 41 

atid other foreign materials, or from materials of the growth 
or produce of the United States. The first enactment of 
the general government, imposing duties on spirits distilled 
within the United States, was August, 1790 ; and the law, 
now adopted, was not materially diiferent from the first. 
It was called the " Excise Act," to distinguish it from that 
of laying duties on goods and products, imported from for- 
eign countries ; and the officers appointed to collect and 
receive these duties, were distinct from the collectors of the 
customs on imported articles, and were called Supervisors. 
The law for raising a revenue by an excise, was consid- 
ered unreasonable, by a large portion of the citizens ; and 
it was contended that as Congress had the whole revenue 
arising from duties on imported goods and products, an ex- 
cise, if necessary, should be under the control and for the 
benefit of the several States. For each State had a large 
debt to pay, notwithstanding the greater portion had been 
assumed by the federal government. The Act laying an 
excise, however, was evidently within the power of Con- 
gress, as granted by the federal Constitution. The legisla- 
ture of the United States was desirous of paying the inter- 
est on the public debt, promptly ; and also for its reduction 
as soon as possible. And though the revenue was as great 
as most had anticipated, it was not sufficient, as first es- 
tablished, to meet the expenses of government, and to 
discharge, as good policy dictated, the heavy debt of the 
nation, so rapidly as was generally desired. 

The Constitution gives Congress power to provide by 
law, for calling out the militia of the United States, to ex- 
ecute the laws of the Union, to suppress insurrections, and 
to repel invasions ; for organizing, arming and disciplining 
the militia ; and for governing those called into the public 
service. But the right was justly reserved to the States of 
appointing the officers of the militia ; and the laws relating 
to the militia it was intended, no doubt, should be uniform 
throughout the United States. In 1792, Congress passed 
a law on this subject, with an ultimate view of providing 
for the national defence, and to prevent the necessity of 
constantly maintaining a large army of regular troops. 
The law provided for an uniform militia system in all the 
States of the Union ; in which, the ages of men liable to do 
duty in the militia, were stated, and directions given for 
arming them, and for the mode of discipline. But this did 
not prevent the State authorities from making laws more 
in detail, requiring liow often the militia should be obliged 
to assemble for trainhig and for military discipline in each 
6 



42 FEDERAL GOVERNMENT. [1792 

year. And these have frequently since been altered and 
modified in most of the States. The authority given to 
the President and Congress of the United States, to call the 
militia into the public service, and to direct and command 
them, has proved a subject of much difierence of opinion, 
and of dispute, as to the extent of the power intended to 
be vested in the federal government ; and particularly, 
what must be the exigency to justify such a call, or to re- 
quire such service. It has been contended, that it is alto- 
gether a discretionary power, and that it may be exercised 
whenever Congress or the President may judge proper, 
even to the extent of calling forth the militia when there 
is no invasion, but merely apprehended ; and of keeping 
them in service so long as may be supposed or pretended 
to be proper by the federal Executive. Others insist, that 
in this case, and in all others indeed, granting authority to 
the general government, the Constitution should be rigidly 
construed ; and that the power delegated should not be 
exceeded ; and therefore, insist, that the militia are only 
to be called out when an invasion takes place, or when it 
imminently and immediately threatens to take place ; and 
that they should be promptly discharged when the danger 
no longer exists or impends ; and by no means used as a 
standing army, or as regular troops. 

Several of the old, or original States, claimed large tracts 
of wild lands in the west and northwest parts of the coun- 
try, before the war of the Revolution, on the supposition 
that their respective territories extended to the farthest 
lakes, and to the Mississippi, if not to the Pacific ocean ; 
for their patents were limited only by the Western ocean. 

Soon after the peace of 1783, these States made cessions 
of certain parts of their clamis, in the " far west," to the 
United States, but expressly for the benefit of all. The 
former Congress, under the Confederation, called upon the 
States, which advanced such claims, to cede the lands to 
the United States, and declared, " that they should be for 
the common benefit of the Union." The States which ad- 
vanced these claims, made the cession on this express con- 
dition : and these were Virginia, North Carolina,* Penn- 
sylvania, New York, Connecticut and Massachusetts. 
When Louisiana, at a later period, was admitted into the 
Union, a condition was imposed, that it should cede to the 

* North Carolina did not cede the territory which tluit State claimed till 
1791, after the federal government was established. , 



1 792] WASHINGTON. 43 

United States all the waste and unappropriated lands lying 
in that newly acquired territory, purchased by the federal 
government ; and that the same should be, and remain at 
the sole disposal of the United States. And yet the legis- 
latures in some of the new States, have been so unreason- 
able as to claim a right to all the public lands within their 
respective territories ; and would exclude the original 
States, who struggled and sacrificed so much for national 
freedom and independence, from all right or benefit in 
them. This great question is still (1839) undetermined. 
Congress has repeatedly made liberal grants of land to the 
new States, for the purpose of pubHc roads and schools : 
but this seems not to satisfy the craving demands of the 
people in the States more recently formed in the territory, 
ceded for the benefit of the whole Union. It was good 
policy to make grants for the above objects in new States, 
as inducements to settle the waste lands, and for the im- 
provement of the character of the population. This is for 
the benefit of the whole United States. But the old States 
have also a just right to a portion of the benefit of the pub- 
lic lands, in their separate and individual character. In 
this early period of the federal government, however, this 
subject was less warmly discussed, than it has since been. 
Most of the States, formed out of these lands, have been 
established at later periods : and seem now disposed to 
demand as a right, what was formerly requested of Con- 
gress as a favor. 

After the defeat of the federal troops under General St. 
Clair, by the Indians, near the Ohio river, in November, 
1791, new complaints were made against the war on the 
savage tribes, as impolitic and unjust. President Washing- 
ton ordered a statement of the causes and reasons for em- 
ploying troops to defend the frontier settlements, to be 
made by General Knox, then Secretary of War, which was 
published. The paper states, that treaties or conventions 
were formed with several tribes in the west and northwest 
as early as 1775 and 1776 : but that they had not beeri 
duly regarded by the Indians, during the war, nor after- 
wards: but from some cause, they had violated those trea- 
ties ; (with the exception of the Oneidas and Tuscaroras, 
within the State of New York ;) and that numerous women 
and children had been slain by those tribes, at diflferent 
times, without any sufficient pretence of aggressions on the 
part of the people of the United States : that when peace 
took place between Great Britain and the United States, 
instead of indulging resentments against the Indians, efforts 



44 FEDERAL GOVERNMENT. [1792 

were made to establish and maintain peace with them on 
Hberal terms. For this purpose, treaties were made in 
1784, '85, '86, and '87 ; and the principles of justice and hu- 
manity governed in all ihese cases. In 1788, large sums 
were voted by Congress to defray the expenses of treaties, 
and for extinguishing the Indian claims, as far as they 
would consent ; and for paying what had been previously 
promised for lands, which the Indians had ceded to Con- 
gress. In 1789, a treaty with several tribes on and near 
the Ohio river, and lake Erie was concluded ; when for- 
mer treaties were confirmed, and former boundaries estab- 
lished by mutual consent. Thus carefulit appears was 
the government of the United States to satisfy the Indians, 
and to remove all causes of complaint. Owing, however, 
to some extraneous influence, or ignorance of the policy of 
Congress, a part of the Indians complained ; and some of 
the Americans charged the government with being unjust. 
The statement of the Secretary of War, further asserted, 
that no conflicting claim had been advanced by other 
tribes, under the pretence that the lands ceded to and pur- 
chased by the United States, belonged to a different tribe, 
or that they had any just control over them. Other Con- 
ventions were proposed in 1788 and 1789, but the Indians 
did not attend ; and it was generally believed that there 
was an untoward influence from abroad, or a few white 
adventurers among them, whose sole object was their own 
individual interest and power, which prevented their meet- 
ing the agents of the United States. In the meantime the 
frontier settlements were attacked, and many outrages and 
murders committed : and the people in that region called 
repeated and loudly on the general government for protec- 
tion. Still the President made a new attempt to negotiate. 
In 1790, he sent an agent to assure the tribes on the Wa- 
bash, and at Miami, that the United States desired peace, 
and wished to maintain friendly relations with them. Bat 
all these efforts failed, though some of the tribes wished 
for peace and friendship with the United States : And de- 
predations were soon after made on the settlements, equally 
attrocious and revolting as before. When the people of 
Kentucky, and other settlements in that vicinity, meditated 
an attack on the Indians, without waiting for orders or the 
consent of the President, or his knowledge of their pro- 
posed enterprise, he restrained them. The depredations of 
the Indians, at that time were often committed on inhabi- 
tants who were settled south of the Ohio, and within the 
long acknowledged bounds of Virginia. It was estimated, 



1792] WASHINGTON. 45 

that, before the United States commenced hostile operations 
against the Indians, they had killed, wounded, or taken, 
one thousand and five hundred men, women and children, 
and had carried off two thousand horses, and other property 
to a large amount. The troops of the United States sta- 
tioned hi that region merely to occupy some forts, and for 
pacific purposes, were also attacked, and many of them 
killed by the hostile tribes, during this period. Col. Picker- 
ing held a treaty with them in 1791, when he made known 
the humane intentions of the federal government ;- and 
General St. Clair, gave similar assurances to the Dela- 
wares and others, when he first advanced into that terri- 
tory to protect the inhabitants. At this period, the Gov- 
ernor of Pennsylvania, also requested a military force, of 
the President of the United States, for the purpose of giving 
protection to the inhabitants of that State, who lived in the 
northwest parts, and who were in great and continual 
danger from the hostile tribes of Indians. There seems to 
have been an imperious call for the energetic measures 
then adopted by Congress, and recommended and approved 
by Washington, in employing troops, at that time, on the 
frontier settlements. 

At the opening of this session of Congress, (which was in 
October, 1792,) the President, in his public message to the 
Senate and Representatives, referred to various subjects of 
a public nature, which he deemed important for the con- 
sideration of the national legislature — among which were, 
— the public debt, and the necessity of further provision for 
supporting the credit of the United States — the exposed 
situation of the western frontiers ; and the omission, on 
the part of Great Britian, to withdraw their troops from 
the forts within the national boundaries, formerly belong- 
ing to that power, but stipulated, by the treaty of 1783, to 
be given to the United States. For so long as the fortresses 
on Jake Erie, at Detroit, or any of the branches of the 
Ohio river, were in the hands of the British, the western 
settlements were exposed to depredations from the savage 
tribes. It could hardly be supposed, that the British gov- 
ernment, authorized their military officers in those forts to 
encourage the Indian assaults and murders ; but it was 
evident, that while they held those posts the tribes were 
embolden, if not instigated by individuals, to commit de- 
predations on the citizens of the United States. This con- 
duct of the British ministry was considered highly im- 
proper, though they apologized for it, by pretending to a 
right to hold the forts, till the United States had made express 



46 FEDERAL GOVERNMENT. [1792 

and ample provision for paying certain claims, made by the 
refugees from America, at the beginning of the Revolu- 
tionary war. Some of the States made such provision 
promptly, as to that class of the refugees embraced in the 
treaty of 1783 ; but other States had declined making any 
provision for that purpose. It was this conduct of the 
British government, which was in plain violation of the 
treaty, that threatened a war with England in 1793; but 
which the iirmness and prudence of Washington happily 
averted. 

In November, 1792, Mr. Ames, of Massachusetts, pre- 
sented a memorial of W. Mifflin and others, on the sub- 
ject of Negro Slavery, which was read and laid on the 
table. Two days after, Mr. Ames called up the memorial, 
when a warm dispute arose. The members from the 
Southern States, deprecated the consequences of such me- 
morials. One of them moved, that it be returned to the 
memorialists, and the entry of it on the journal erased. 
The motion for returning the memorial was unanimously 
adopted ; but the motion to erase the entry on the journal 
was withdrawn. This agitating subject had been previ- 
ously introduced in Congress on presentation of a petition 
from some citizens of Pennsylvania. It has often since 
been brought forward, and served always to produce a 
warm and sometimes an angry discussion. The Constitu- 
tion must be altered to justify Congress in legislating 
on the subject. And the interference of the non-slave- 
holding States, is not only useless, but altogether unjustifi- 
able, from political, if not from moral considerations. 

By an Act of Congress, in 1792, encouragement was 
given to the Codfisheries, followed chiefly in the eastern 
States ; and in lieu of a drawback of the duty on salt 
and a bounty on fish exported, previously allowed, a 
bounty was now granted on the vessels employed in this 
business, according to their tonnage. Fish was a great 
article exported from the New England States, and it was 
also deemed important to give encouragement and support 
to this branch of business, as a means of having good sea- 
men for a navy, when it should become necessary for na- 
tional defence. The tonnage of vessels employed in the 
fisheries, and coasting trade, in 1792, was 152,000 tons — 
in 1813, 490,300— in 1828, 930,200— in 1832, 753,400.* 

* The whole tonnage of vessels in the United States, registered, enrolled, 
and licensed, was, in 1789, 201,560—1800, 972,500— in 1810, 1,424,780— 
m 1820, 1,280,170— in 1830, 1,210,250,— and in 1832, 1,440,430. 



1792] WASHINGTON. 47 

The Constitution declares that there should not be more 
than one Representative in Congress for every thirty thou- 
sand inhabitants of each State : and that there should be 
an enumeration at an early day, under the federal govern- 
ment. A census was ordered to be made in 1790 ; and 
after the result was officially made known to Congress, a 
question arose what the ratio should be thereafter. Some 
proposed forty thousand, and some thirty three thousand. 
But others, again, were in favor of a plan altogether dif- 
ferent, and such as many believed not authorized by the 
Constitution ; which was to take the whole number of in- 
habitants, which the census gave, throughout the United 
States, and to have the number of Representatives equal to 
every thirty thousand. And as some States would have 
a large fraction beyond one for every thirty thousand, to 
add one Representative to eight of the largest States. This 
plan was proposed by the Senate; and was concurred by 
a majority of the House of Representatives, though several 
members of this branch of the legislature were opposed to 
it. The objection was, that the Constitution could not be 
fairly construed as giving support to such a procedure ; and 
that it tended to, and would soon destroy the federal gov- 
ernment, and produce a consolidation of the States, and 
all distinct lines of separate State governments. It was in- 
sisted, that the Representatives must be chosen by the peo- 
ple of each State separately considered, and not by frac- 
tions of two or three States united to elect one. And in 
fact, that no State could have more than one Representa- 
tive for every thirty thousand inhabitants, contained in it, 
but must lose any excess of that number, however large 
the fraction might be. The discussion on this subject was 
continued many days in the House of Representatives, be- 
fore the bill was passed. And when it was submitted to 
the President for his approbation, he declined giving it his 
signature. His objections were stated as follows: — "The 
Constitution has prescribed, that Representatives shall be 
apportioned among the several States according to their 
respective numbers, and there is one proportion, or divisor, 
which, applied to the respective numbers of the States, will 
yield the number and allotment of Representatives pro- 
posed by the Bill. — The Constitution has also provided 
that the number of Representatives shall not exceed one for 
every thirty thousand : which restriction is, by the context, 
and by fair and obvious construction, to be applied to the 
separate and respective members of the States ; and the 
bill allots to eight of the States, more than one for thirty 



48 FEDERAL GOVERNMENT. [1793 

thousand." The act which was soon after passed on this 
subject, provided for one Representative for every thirty- 
three thousand, and restricted each State accordingly. The 
view taken by the President, and his construction of the 
Constitution relating to this point, were very generally ap- 
proved, especially by those who wished to keep the several 
States as distinct as could be consistently with the federal 
compact, and to prevent their consolidation. His opinion 
is worthy of great regard, both with the friends of the 
Union, and of State rights. No one was more in favor of 
the former, or of consolidating or preserving it in all proper 
ways, and in all reasonable measures, than Washington : 
yet he was equally careful to guard against encroachments 
on State rights, and to avoid destroying their distinctive 
character. 

In 1791, President Washington, gave notice to Congress, 
of his having directed the minister, at the Court of London, 
from the United States, to learn, informally, what was the 
disposition of the British, on the subject of a commercial 
intercourse between the two countries: In April, 1792, lie 
communicated the correspondence between the British 
minister near the federal government, and the American 
Secretary of State, on that subject. The British minister 
had transmitted to the Department of State, a part of a 
Statute of Parliament, and gave notice also, that the British 
would carry the order into execution ; which, being of equiv- 
ocal signification, the President thought proper to lay before 
Congress. In its restricted sense, which was avowed by tbe 
British minister, and from recent indications of a friendly 
disposition in the British government, towards the United 
States, he said, it could give no cause of alarm. The in- 
terdicting clause, instead of prohibiting commercial inter- 
course with all British ports, as appeared at first to be in- 
tended, related only to our exclusion from the islands of 
Jersey and Guernsey. — Such was the construction of the 
British Envoy, then in the United States. And his express 
opinion to that effect, gave satisfaction to the President, at 
that time ; disposed as he was to believe, that the declara- 
tion made by the British, of a friendly spirit towards the 
United States, were sincere. This Act of Parliament for- 
bid the importation into any British ports of goods and pro- 
ducts of Africa, Asia, and America, except in vessels owned 
and manned by British subjects ; and had a principal de- 
sign to prevent the importation of tobacco, which was said 
to be landed in large quantities in the islands of Guernsey 
and Jersey, and thence conveyed to ports in England. 



1792] WASHINGTON. 49 

The conduct of the British government at this time, gave 
indications of a jealous, not to say, unfriendly spirit, to- 
wards the United States. The detention of the forts witliin 
the federal territory, contrary to an express article in the 
treaty of 1783, could not be justified ; and all propositions 
for commercial intercourse, on terms of a real reciprocity, 
had been rejected or evaded. And the effect was, an opin- 
ion, very generally formed, that the British ministry was 
arbitrary and monopolizing in its views, and ready to take 
all the advantage, in the intercourse between the two coun- 
tries, which their power would support. Thus it became 
necessary, and the federal Executive had sufficient national 
spirit, to insist on the fulfilment of the treaty, and to require 
that consideration due to an independent nation. 



50 FEDERAL GOVERNMENT. [1792 



CHAPTER III. 

Congress of November, 1792 — March, 1793. Political Parties. Federal and 
Anti-Federal. Opposition to the Excise on Home-Distilled Spirits. Indians 
Hostile. Charges Against Secretary of the Treasury. Different Views of 
Jefferson and Hamilton. Insurrection in Pennsylvania — Washington Chosen 
President for a Second Term of four years. The Party Opposed to his Po- 
licv, Censorious and Abusive. His understanding with England and 
France, 1793. French Minister and his Improper Conduct. Neutral Posi- 
tion taken by W^ashington. Censures on this Policy. Genet Recalled. 
His Successor, Chargeable with little less Improper Conduct. British Ag- 
gressions. Special Embassy of Mr. Jay. Federal Judiciary. Suability of 
States. 

The Second Congress adjourned in May, 1792. and met 
again at Philadelphia, in November following, agreeable to 
a resolution passed at their first session. At this early 
period, two great political parties, appear to have been 
forming in the United States. Most of the individuals of 
each party were no doubt honest and patriotic, and de- 
sirous of maintaining the liberties of the country. One party 
was denominated " federal ;" the other, " anti-federal." One 
was in favor of supporting the power of the Executive, to 
its full constitutional extent; the other, for controling the 
executive arm, so far as almost to paralyze it. The former 
were probably influenced, in some measure, by their perfect 
confidence in the wisdom and uprightness of the illustrious 
man who then occupied the chair of Chief Magistrate of 
the Union. These parties were also further distinguished, 
the federalisls, as being most friendly to Great Britain ; or 
rather as most desirous of keeping peace and maintaining 
commercial intercourse with that nation: and the anti-fed- 
eralists as being unduly attached to the French nation, or 
most fearful of incurring its displeasure, — and for a period 
of twenty years, from that time, this unhappy spirit of 
party, distracted the councils, if it did not dishonor the 
character of the United States. 

The President evidently desired to continue on amica- 
ble terms with each of those powerful nations, and con- 
ducted with remarkable impartiality in this trying period. 
But he did not entirely escape the animadversions of those 
who were under the influence of improper prejudices and 
partialities. In his public speech to Congress, at the open- 



1792] WASHINGTON. $% 

ing of this session ; the President expressed his regret, that 
the war by the Indian tribes on the western frontiers con- 
tinued, and that many of the settlers within the territory 
of the United States had been recently slain. He stated 
that measures both for peace and defence, had been adopted, 
in such a manner as he had hoped would have been eifect- 
ual ; but, that his repeated attempts to preserve peace, 
though on favorable terms to the tribes, had been unavail- 
ing; and the military force, employed in that part of the 
country, had not been able to prevent further depredations, 
as he had hoped. Some other tribes in the Southwest, it 
was stated, had also discovered a hostile disposition towards 
the United States ; and yet that he had not been able to 
learn of any complaints, that the treaty formerly made 
with them had been violated, on the part of the United 
States. While he recommended that sufficient means 
be provided for the protection of the people on the interior 
frontiers, the President also urged Congress to adopt 
measures for preventing the people in the frontier settle- 
ments from intruding or making any aggressions upon the 
Indians. "Let us not be the aggressors," he said, "nor 
give any just occasion for complaints against us." The 
President, also, at this time, informed Congress, that in 
some parts of the Union great complaints and opposition 
were manifested to the system for raising a revenue from 
spirits distilled within the United States ; and, as there had 
been unlawful meetings to oppose the execution of the 
laws, and threats of violence uttered, that he had issued 
a proclamation, warning the citizens of the evil and danger 
of such opposition to a law duly enacted by the national 
legislature. This opposition was chiefly manifested in the 
States where whisky was manufactured from grain ; and 
the complaints were the loudest and the most extensive in 
Pennsylvania. The President referred also to the finances 
of the United States, and recommended additional measures, 
if necessary, to place the public credit on a sure and solid 
foundation. An exhibit from the treasury department, at 
this time, showed that the expenditures of the federal gov- 
ernment, for 1789, 1790, and 1791, amounted to 3,797,500 
dollars ; the amount collected and received, 4,771,350 dol- 
lars; leaving a balance in the treasury, at the close of 
1791, of 973,905 dollars. 

The Senate and House of Representatives each returned 
answers to the President's speech, in which they declared 
their approbation of the measures he had adopted, and 
their determination to provide proper means of protection 



53 FEDERAL GOVERNMENT. [1792 

to the settlements on the frontiers ; and of support of the 
laws of the Union, against any opposition which might be 
made to the due execution of them. 

The answer of the House of Representatives to the 
speech of the President was clothed in the language of re- 
spectful approbation ; and the majority fully acquiesced in 
the propriety of the policy and the course of the executive ; 
but several members were opposed to some of the measures 
which had been adopted ; particularly as to the Indian 
war in the West ; and to some of the proceedings in the 
treasury department, which were under the direction and 
control of the President, and for which he was in a 
measure responsible, though only the conduct of the Sec- 
retary of the Treasury was expressly censured. President 
Washington was as averse to hostilities against the Indian 
tribes, if it could be avoided with safety to the settlers in 
that part of the Union, as any one could be ; but he justly 
considered it the duty of government to afford means of 
protection to the citizens ; and was of opinion that a large 
force which would appear formidable to the savages, and 
operate on their fears, would be more effectual to induce 
them to refrain from future aggressions, and to make peace, 
than a few troops, whom they would not hesitate to attack, 
nor much fear in the prosecution of their hostile designs on 
the frontier settlements. 

As to the funding of the public debt, and the assumption 
of the debts of the States, which had been incurred for the 
common and general defence of the country, during the 
war of the Revolution, of which some complained, he be- 
lieved justice demanded that the plans of the Secretary of 
the Treasury should be adopted. And the charge of an 
improper application, by the Secretary, of monies before 
appropriated by Congress, for the payment of interest, and 
a part of the principal of both the foreign and domestic 
debt, the President considered unjust, or unreasonable. 
The charge was, that he applied part of the loans, effected in 
Europe, to some other purpose than paying or diminishing 
the foreign debt, as had been indicated by Congress. But 
it was shown that convenience and good policy justified 
the conduct of the Secretary, in this respect ; that pay- 
ments had been made strictly according to the laws, though 
a part of an appropriation for one specific object, had been 
applied to a different purpose ; and more also had been ad- 
vanced on account of expenses of the Indian war than had 
been anticipated by Congress, when a law was made re- 
lating to the enterprise. " The Secretary of the Treasury 



1792] WASHINGTON. 63 

"wras also accused of extravagance in the expenditures of 
the pubUc monies ; and it was even intimated, that a strict 
inquiry into his official conduct, would detect some defal- 
cations. An inquiry was soon after instituted into his 
conduct, and the accounts of the treasury department ; 
when it was found, that no improper appropriations of the 
pubhc funds had been made, (other than a deviation as 
already noticed, of some specific appropriations to other 
objects than directed, and that with good judgment and 
perfect integrity,) and that the proceedings of the Secretary 
were wholly free from all evidence of embezzlement, of 
corruption, or of any dishonorable oflicial act. Washington 
had full confidence in his incorruptible integrity, as well as 
his abilities. And the people generally imbibed the same 
opinion of Secretary Hamilton ; while many considered 
his political views not so fully republican as they would 
prefer in a high public officer of the federal government. 
He was no doubt in favor of what some called a strong 
government ; in favor of exercising the full powers granted 
by the Constitution ; because he believed this was necessary 
to maintain the public credit, and to give respectability to 
the administration of the United States, both at home and 
abroad. But he duly appreciated that sacred charter of 
our national rights, and gave it his firm support ; and 
there is no evidence that he was not sincerely attached to 
a republican government. 

At this period, 1792, which was soon after any indica- 
tions of the two political parties in the United States, which 
long unhappily continued, the different views and opinions 
of the highest officers in the executive department of the 
government, and with whom the President often found it 
necessary to consult, in deciding on public measures to adopt 
or propose, gave occasion for great regret among the patriotic 
citizens ; and it was also a source of concern to the Presi- 
dent himself. He addressed letters to them on the subject ; 
and, with the Secretary of State, Mr. Jefferson, particularly, 
he expostulated on the evils of disunion among his confi- 
dential advisers. But this effort, so honorable on the part 
of Washington, was without avail. The political disa- 
greement between the Secretary of State, and of the Treas- 
ury, continued and increased, and soon became personal 
and inveterate. 

Mr. Jefferson coincided in opinion, with those who were 
originally opposed to the federal Constitution, as having 
too much power, and with that class of politicians who 
disapproved of the funding system, the assumption vof the 



54 FEDERAL GOVERNMENT. [1792 

State debts, and of the Excise Act ; and who were disposed 
to restrain the authority of the executive within very nar- 
row limits. It was also well known that he retained strong 
prejudices against the British government, founded in its 
former arbitrary conduct towards the colonies; while all 
his sympathies were enlisted in behalf of regenerated 
France.* And it was apprehended that this would produce 
an evil political influence; especially as disputes had even 
then arisen between the United States and each of those 
great foreign nations ; when harmony among the members 
of the administration was most important. 

The Secretary of the Treasury, Mr. Hamilton, differed 
in opinion, on many political measures, almost entirely 
from the Secretary of State. He was, indeed, the projector 
of the leading measures designed to establish public credit 
on a firm foundation, and to provide effectually for the 
payment of the public debt, and to call forth the resources 
of the country for these important objects. He had also 
proposed an augmentation of duties on imported articles, 
when it was found that those before laid were inadequate. 
And he recommended the system of excise, or a tax on 
distilled spirits within the United States ; which was par- 
ticularly unpopular in the States where they were manu- 
factured. On the other subject, which was the occasion of 
discordant opinions among politicians of that period, Mr. 
Hamilton entertained different views from Mr. Jefferson. 
He considered it important to the commercial, and, there- 
fore, to the general prosperity of the United States, to 
maintain friendly relations with Great Britain; and he 
was unwilling to sacrifice either the peace or the interests 
of the nation, to his sympathies in favor of the patriots of 
France. 

Few, perhaps, doubted the patriotism of either of these 
distinguished political characters. They had each rendered 
important service to the country, in the contest for liberty 
and independence; and, it was believed, that each was 
anxious to secure the welfare, and to promote the pros- 
perity of the United States. The just and principal dis- 
tinction to be made between them, probably, was, that the 
Secretary of State appeared more ready to consult and to 

* In a report on foreign commerce, made in 1791, by request of President 
Washington, Mr. Jefferson, then Secretary of State, advised to a more ex- 
tensive trade with France, and to an increase of imposts on all British goods 
and products. And this report, no doubt, led to the regulations of Mr. Madi- 
son, in 1794, proposing such restrictions on the trade v?ith England, as amounted 
almost to a prohibition of commercial intercourse with that nation. 



1792] WASHINGTON. 55 

take advantage of popular opinion and feeling, and to court 
the people, by the declaration of sentiments of regard for 
their rights and liberty ; while the Secretary of the Treas- 
ury manifested a disposition to adopt such measures as he 
believed for the true honor, and the permanent welfare of 
the nation. And, in this feature of his public character, he 
strongly resembled the illustrious patriot, then at the head 
of the nation. 

A strong opposition to the plan of raising a revenue from 
spirits distilled in the United States was manifested, soon 
after the law was first passed. During the year 1792 the 
opposition appeared to gather strength and to be more deter- 
mined. Several meetings were held in the interior counties 
of Pennsylvania, at which resolutions were adopted, and 
sentiments expressed, alike dishonorable to the character of 
good citizens, and alarming to the government. The officers 
appointed to collect the duties were threatened, and deterred 
through fear of personal injury from discharging their pub- 
lic duties. And a large portion of the citizens, in the west- 
ern parts of that State, appeared resolute in opposing the ex- 
ecution of the law, at every hazard. Their passions were 
highly excited by the clamours of individuals, who repre- 
sented the law as arbitrary and oppressive, and even uncon- 
stitutional, and therefore not to be endured by a free people. 
Some of the members of Congress had predicted such com- 
plaints and such opposition, which seemed, however unde- 
signedly, to excite or to increase them. But the support of 
public credit required a large revenue — and while every 
article imported, which could justly be considered a luxury, 
was highly taxed, it was found necessary also to resort to 
a tax, or excise, on spirits distilled in the country. And on 
none could the duty be more justly imposed, than on dis- 
tilled liquors, altogether unnecessary for the support and 
comfort of the people. Had it been laid on bread or on 
grain, there might have been some reason for complaint and 
opposition. Even a direct tax on lands or houses, would 
probably have been reprobated, except in some extraordi- 
nary exigency. In the present case, the excise law had this 
justification, that the revenue from imposts was not ade- 
quate to the public expenditures for the support of govern- 
ment, and the payment of instalments and interest on the 
public debt as ordered by Congress ; particularly for that 
year, as the war in defence of the frontier settlements had 
added greatly to the national expenses. It is the more re- 
markable, that such complaints were made against the 
measures of the federal government, by the citizens of Penn- 



56 FEDERAL GOVERNMENT. [1792 

sylvania, as the troops were employed to protect the inhabi- 
tants in the north western parts of that State, as well as 
those settled in the territory beyond. 

Desirous of using all proper means for checking this spirit 
of insubordination, and of preventing, if possible, its break- 
ing forth into forcible opposition to the laws of the land, the 
President issued a proclamation exhorting the people to de- 
sist from all illegal acts and meetings, and calling on the 
good citizens to discountenance all violence and disorder : 
but his wise counsel and warning did not produce the effect 
intended, and which had been expected. The President 
had previously (May, 1792) been authorized by Congress 
to call out the militia to assist in executing the excise laws, 
if he should consider it proper — and the Governor of Penn- 
sylvania had requested a similar measure. But the Presi- 
dent had hopes that wise counsels would prevail over excited 
passions, and he was reluctant in employing the military 
to support the laws, till no other alternative remained. 

During the year 1792, General Washington intimated to 
some of his most confidential friends, that he was desirous 
of retiring to private life, and proposed to decline a re-elec- 
tion as chief magistrate of the Union. His advanced age, 
and increasing infirmities had added strength to his incli- 
nation to seek repose from all public business. But he was 
persuaded to relinquish his personal wishes in this respect, 
and was a second time chosen President of the United 
States, by the unanimous vote of all the electors.* Some 
strictures had been made on his political opinions and mea- 
sures ; as the Indian war on the western frontiers, the 
funding system and the excise law ; and yet he had only 
approved these measures previously adopted or sanctioned 
by Congress. But the confidence of the great body of the 
people, in his patriotism and wisdom, was not at all shaken 
by any act of his administration. Those engaged in the 
business of distilled spirits complained of the laws laying 
duties on them, and of the President for attempts to support 
these laws. But it was well understood by most of the cit- 
izens that these complaints were uttered only by those in- 
terested in that traffic. The Secretary of the Treasury who 
had proposed the law, was severely censured, as if he were 
disposed rather to tax and oppress the people, than to guard 

* John Adams was alse re-elected Vice President by a plurality of votes. 

But Gov. Clinton of New York received several votes, which were 
given by those who were originally opposed to the Constitution, and who dis- 
approved of some of the leading measures of the federal government. 



1 793] WASHINGTON. 67 

their rights, or to lay Hght burdens on them ; but the char- 
acter of the President was too pure and lofty to be assailed 
by prejudice or party spirit. And yet strange to relate, 
soon after this period, such was the malignity, or the envy, 
or the ambition of a very few men, that Washington was 
insidiously censured, as wanting in republican sentiments, 
or in firmness sufficient to oppose the plans of the Secretary 
of finance. 

When General AVashington appeared in the Senate cham- 
ber to take the oath of office,* required by the Constitution, 
on the fourth of March, 1793, he observed, "I am again 
called upon, by the voice of my country, to execute the 
functions of its chief magistrate. When the occasion proper 
for it shall arrive, I shall endeavor to express the high sense 
I entertain of this distinguished honor, and of the confidence 
which has been reposed in me by the people of the United 
States. Previous to the execution of any official act of the 
President, the Constitution requires an oath of office. This 
oath I am now about to take, and in your presence, that if 
it shall be found, during my administration of the govern- 
ment, I have in any instance violated, willingly or know- 
ingly, the injunctions thereof, I may, besides incurring con- 
stitutional punishment, be subject to the upbraidings of all 
who are now witnesses of the present solemn ceremony." 

The office of the President for the first four years, im- 
posed many arduous duties, and no little care and anxiety, 
in giving a proper direction to the measures and policy of 
the new government ; but the satisfaction of having per- 
formed this patriotic service was a sufficient reward for 
such a man as George Washington. The period, however, 
had arrived, or was approaching, when the misrepresenta- 
tions of party was such, as induced many in the country, 
more or less publicly, to censure the official conduct of that 
illustrious patriot ; and thus to give great disquiet to one 
who deserved nothing but gratitude and confidence, and 
who had as keen sensibility of personal honor and reputa- 
tion, as of moral rectitude, in his public duties. And what 
greatly imbittered the cup, now given him to drink, was a 
belief that one of the principal officers in his political family, 
was not displeased with, but probably encouraged, those 
unjust and cruel aspersions. Thus, with party disputes, 

* The oath was administered by WiHiam Gushing, of Massachusetts, an as- 
sociate Justice of the Supreme Gourtofthe United States, who was then in 
Philadelphia, Ghief Justice Jay not being present. John Langdon of New 
Hampshire, was then President pro tern, of the Senate, and many members of 
Gongress, which closed on the third of March, 1793, were also present. 

8 



58 FEDERAL GOVERNMENT. [1793 

among citizens of the United States, and hostile aggressions 
or threats from two great foreign nations, occasions occurred 
for the exercise of all his firmness and decision, in a wise 
and patriotic administration of the government. 

Hostilities with the Indian tribes on and northwest of 
the Ohio river, were, indeed, happily suspended in 1793; 
those tribes nearest to the settlements by the citizens of the 
United States having entered into friendly and amicable 
treaties with the national rulers. But the spirit of insubor- 
ordination, and of opposition to the excise laws continued 
in the interior of Pennsylvania, with unabated indiscretion, 
and some acts of violence, which required both prudence 
and energy in the chief magistrate ; and the conduct both 
of Great Britain and France, towards the United States, 
was in several instances such as to demand the utmost 
caution and wisdom, as well as a correct knowledge of 
European politics, at that most interesting period. 

The government of England was watching to take ad- 
vantage of any error in our commercial system, for the 
benefit of that nation, and was disposed to assert all those 
principles of monopoly and exclusion, which it had long pre- 
viously maintained in Europe. And in France a political 
revolution, commencing in 1789-90, with some favorable 
auspices, as if liberty was the sole object, and thus securing 
the sympathies of the republican citizens of the United 
States, was now raging with great violence, attended by 
various acts of oppression, injustice, and personal cruelty, 
so as to unsettle the foundation of society and good gov- 
ernment ; and this dangerous spirit of misrule, this rage for 
innovation, had an infiuence with the leaders of that nation, 
in their conduct towards all other governments. They in- 
sisted on the favor and aid of the United States, in the con- 
test in which they were engaged with other European na- 
tions. They pleaded their own assistance, formerly grant- 
ed to America, in the war for liberty and independence 
against England ; and declared that the American citizens 
were bound to make common cause with France, then en- 
gaged in war with the despots of Europe, as they said all the 
monarchs in that quarter of the world ought to be consid- 
ered. Had there been but one voice in the United States, 
both of the people and of their legislators, and that voice in 
harmony \vith the chief magistrate of the Union, dictated 
alike by patriotism, intelligence, and sound discretion, far 
less would have been apprehended, and far less the real 
danger to the liberties and peace of the country. 

France and England had long been rival kingdoms, and 



1793] WASHINGTON. 59 

SO frequent the wars between them for several centuries, 
that they were considered as naho-al enemies to each other. 
In the third and fourth years of the French revohition, 
which began in 1789, the factions which rapidly suc- 
ceeded one another, the outrages and cruelties commit- 
ted, under the sacred name of liberty, and the threats of 
that nation to spread their wild political opinions in other 
kingdoms of Europe, not only alarmed Great Britain, but 
led her to arm, for the purpose of checking the revolution, 
and of restoring, if possible, a monarchical government to 
that distracted country. In their hostihty towards each 
other, the French and British rulers disregarded and violated 
neutral rights; and while the former insisted on the United 
States making common cause with them against monarchy, 
and especially against the British nation, the latter, sup- 
posing an undue partiality for France, in the Americans, com- 
mitted depredations on their commerce, either to deter the 
United States from showing any favor to the French people, 
or to injure that nation, by preventing their receiving sup- 
plies from America. 

A new minister was sent to the United States in 1793, 
to remind the people of their obligations to the French 
nation, and to demand gratitude and assistance on account 
of benefits received from that country in the war of the 
Revolution ; and he treated the President with great disre- 
spect, if not with insolence, by presuming to dictate what 
measures he should adopt to favor the views of France. 
And when he learnt the true character of Washington, who 
was resolved to discharge his duty to the country, rather 
than compromit the peace of the nation, he had the pre- 
sumption to appeal to the people at large, and to demand 
their aid. There was but one step more to be taken to de- 
grade and dishonor the national character; and that was 
taken by a certain portion or class of the people, in justify- 
ing the insolent interference of this foreign agent. 

War had now taken place between France and England; 
and while many in the United States were disposed to take 
part with France, from motives of partiality to that nation, 
or considerations of policy, or a love of republican liberty, 
the greater portion of the best informed and most prudent 
were desirous of avoiding a close alliance with either of 
those nations, and for maintaining a neutral position. This 
was the decided opinion of President Washington; and, 
after consulting with the members of his Cabinet, and some 
other confidential friends, he issued a proclamation, pro- 
hibiting all interference by the citizens of the United States, 



60 FEDERAL GOVERNMENT. [1793 

especially that of arming by sea or land, in aid of either 
nation against the other. The immediate cause of the 
proclamation was the arming of vessels, in some of the 
southern ports, belonging to the United States, with com- 
missions from the French government and its agents, to 
commit depredations on the commerce of Great Britain. 

M. Genet, then recently arrived as Envoy from the 
French government, to reside in the United States, author- 
ized and encouraged these proceedings, so inconsistent with 
the character and policy of the federal administration, 
which had resolved to maintain neutral gronnd at that 
time. M. Ternan, the immediate predecessor of Genet, had 
conducted with great prudence and discretion, in his official 
acts and communications towards the American govern- 
ment. The present minister manifested a very diflerent 
spirit. He brought with him from France, all the enthu- 
siasm for liberty and revolutions, which then prevailed in 
that nation, and which would allow no intercourse with 
monarchical governments, but denounced them all as oppres- 
sive and tyrannical. Like the extravagant revolutionists in 
that nation, he demanded that all the friends of civil liberty 
should unite in war, on the side of France, and that the 
people of the United States, especially were bound to assist 
his nation. He could not brook opposition to this dan- 
gerous opinion, nor wait for the proper consent and sanction 
of the federal rulers ; but assumed the right to dictate 
measures such as he wished ; and when his plans were dis- 
approved and declared improper by the President, he at- 
tempted, though in vain, to excite the people against the 
government. Happily, for the peace and honor of the 
United States, with all their love of liberty, the people had a 
just regard for civil order and legitimate authority ; and they 
gave their approving voice to the course pursued by the 
executive, in frowning upon this presumptuous foreign 
agent. 

On this difficult occasion, the President, with his charac- 
teristic prudence, sought the opinion of his Cabinet, to whom 
he submitted the following inquiries, in April, 1793, — 
"Shall a proclamation be issued for the purpose of pre- 
venting the interference of citizens of the United States in 
the war between France and Great Britain ? Shall it con- 
tain a declaration of neutrality? What shall it contain? 
Shall a minister from France be received ? and, if received, 
shall it be absolutely, or with qualification? And with 
what qualifications, if any ? Are the United States obliged 
in good faith to consider the treaties before made with 



1793] WASHINGTON. 61 

France, as applying to the 'present sitnation of tlip parties ? 
May they renounce them, or hold them suspended, till the 
government of France is established 7 If they have the 
right, is it expedient to do either ; and which 7 If they 
have an option, would it be a breach of neutrality to con- 
sider the treaties in operation ? If the treaties are now to 
be considered as in operation, is the guarantee in the treaty 
of alliance applicable to a defensive war only, or to war 
either defensive or offensive? Does the war in which 
France is now engaged appear to be offensive, or defensive, 
on her part ? or of a mixed and equivocal character 7 If, 
of a mixed and equivocal character, does the guarantee, 
in any event, apply to such a Avar 7 What is the effect of 
a guarantee, such as that in the treaty of alliance (1778) 
between the United States and France 7 Should a future 
regent of France send a minister to the United States, ought 
he to be received 7 Is it advisable to call Congress together, 
with a view to the present posture of European affairs 7 " 

These questions fully manifest the attention and anxiety 
of the provident mind of Washington, at this very critical 
period. He was sensible of the delicacy of his situation, as 
chief magistrate ; and while lie must have been aware that 
he was to give the tone to public measures, he was desirous 
of obtaining further light from others, than that which he 
found in his own reflections. The difference of opinion in 
his Cabinet was particularly unfortunate, in a situation so 
full of difficulty and doubt. Still he had the firmness to 
pursue such a course as he deemed just and proper, and at 
the same time such as promised to be most favorable to the 
interest and welfare of the country. He well knew, that 
clamors would be made, and censures heaped on his official 
character, for adopting a neutral policy; as indications had 
already been given in various parts of the country, in favor 
of uniting the destinies of the United States with those of 
the French nation, and of rushing into war with England, 
at every hazard.* 

*The following toast was given at a festival in Philadelphia, in July, 1793, 
which was attended by respectable citizens, and the Governor of Pennsylvania 
was a guest. " May the sister republics of France and America be as incor- 
porate, as light and heat ; and the man who endeavors to disunite them, be 
viewed as the Arnold of his country. May honor and probity be the princi- 
ples, by which the connections of free nations shall be determined ; and no 
Machiavelian commentaries explamthe text of treaties. The treaty of alliance 
with France, may they who would violate or evade it, be deemed traitors, and 
consigned to infamy. May remorse attend that man who would think of op- 
posing the French, while they war for the rights of man. A dagger to the 
bosom of that man who makes patriotism a cover to his ambition." 



62 FEDERAL GOVERNMENT. [1793 

The neutral position taken by the administration, as to the 
war now began between France and Great Britain, made 
it proper to forbid all naval armaments in the ports of the 
United States, and by citizens thereof, against either of the 
belligerent powers, and this was accordingly distinctly and 
expressly done, in the summer of 1793, by the President, in 
addition to his proclamation previously issued. The oppo- 
sition party of that period censured the measure, as pusil- 
lanimous, as well as ungrateful to the French people, in 
whose friendship America had before largely shared. One 
or two public journals, under the control of his invidious 
political enemies, were incessant and shameless in their 
criminations. Washington did not condescend to notice 
these virulent attacks, in a public manner ; but his private 
letters to some personal friends showed that he was not in- 
sensible to the cruel charges brought against his official 
character. He was not one of those politicians, who, if 
sustained by the majority, disregarded the complaints of 
other portions of the people ; but being a sincere patriot and 
truly desirous of the prosperity, the welfare, and the liberty 
of the United States, he acted from honorable and pure 
motives, in public as well as private concerns, and to be rep- 
resented as an enemy to civil freedom, or as regardless of 
his country's true glory, was therefore more than even he 
could bear without deep sensibility, conscious as he was of 
patriotic and upright intentions. 

The public conduct of M. Genet, at first wore some sem- 
blance of moderation and propriety, for he declared France 
did not expect the United States to join that nation in the 
war with England. But his conduct soon after discovered 
a desire to €xcite the war fever ; and if the measures he 
recommended to be pursued had not been checked by the 
President, war with England must have followed in a short 
time. He gave commissions to armed vessels in the ports 
of the United States to attack British vessels, and he as- 
sumed or claimed a right to appoint commissioners to de- 
cide on the validity of captured vessels brought into Amer- 
ican ports. This was assuming a power belonging only to 
the supreme executive of the United States, and a juris- 
diction in which none had due authority but the federal 
courts and judges. 

When this presumptuous attempt to exercise authority 
within the United States, by a foreign agent, was justly re- 
buked by the President, the French Envoy became still 
more insolent ; and more than intimated that Washington 
was a secret enemy to republican freedom, had exceeded 



1793] WASHINGTON. 63 

his constitutional power, and was justly obnoxious to the 
indignation of the people who had clothed him with civil 
authority. Genet also addressed an insolent letter to the 
Secretary of State, at this time, denying the right of the 
President to revoke his recognition and permission to M. 
Duplaine to act as French Consul in Massachusetts, which 
had been done on account of his improper conduct. 

Genet impugned the authority of the President ; and pre- 
tended that the state authority of Massachusetts, or the 
people, had the sole right to dismiss the consul. This min- 
ister of France was chargeable with several other similar 
acts of gross impropriety. 

The President, therefore, requested the rulers of France 
to recall M. Genet. And soon after, his commission was 
withdrawn, and a successor appointed in his place.* But 
if more prudent than Genet, he possessed much of his 
spirit ; and like him urged upon the government of the 
United States the supposed obligations of America to 
make common cause with France, which it was alleged, 
was engaged in support of civil liberty and the rights of 
man. 

The conduct of the British government, at this period, 
added to the difficulties with which the federal administra- 
tion was surrounded. The forts on Lake Erie and vicinity, 
which should have been given up to the United States, ac- 
cording to the treaty of 1783, were still occupied by British 
forces, though the President had frequently complained of 
the high impropriety of their retention. Most of the States 
had also agreed to pay the debts claimed by a class of 
refugees, as the treaty provided. And as the States were 
sovereign and independent, when the treaty was made, the 
federal government had not an entirely undisputed right to 
enforce payment. It did recommend a compliance with 
this article of the treaty, and the States very generally ad- 
mitted the justice of the measure, and made provision to pay 
the debts claimed. Still the western parts within the United 
States were occupied by the British, and it now became 
proper for the President to speak with more emphasis and 
decision, on the subject, to the Court of England. Another 
act of the British ministry added to the public reasons for 
calling on that nation to justify its conduct towards the 
United States, and a more express demand for justice and 
good faith. The British government had often advanced 

* M. Genet remained in the United States ; and afterwards married a 
daughter of Mr. Clinton, Governor of the State of New York. 



64 FEDERAL GOVERNMENT. [1793 

a doctrine relating to blockades, which the other nations of 
Europe denied, or admitted with reluctance, under peculiar 
circumstances. With a view to annoy and distress France, 
and perhaps, to restrict the connnerce of the United States, 
the ministry of England issued orders, prohibiting the im- 
portation of grain and bread stutfs, as well as warlike stores, 
into the French ports, and authorizing the seizure of ves- 
sels carrying such articles ; and thus subjecting a great 
portion of American vessels and their cargoes to detention 
and confiscation. The President of the United States ex- 
pressly impugned this doctrine ; and firmly remonstrated 
against it, as highly injurious to the conmiercial interests 
of the country. In May, 1793, the national convention 
of France adopted an order similar to that of the British 
above mentioned, in which it was declared, "that French 
ships of war and privateers may stop and bring into the 
pons of the republic such neutral vessels as are loaded 
either with provisions belonging to neutrals and destined to 
an enemy's ports, or with merchandise belonging to an 
enemy." "But so far was this order from affecting the 
the sentiments of America towards France, that it was 
scarcely noticed."* 

Another practice, allowed by the British government, 
and much resorted to at this period, which produced a 
great excitement in the United States, was the impress- 
ment of seamen, belonging to merchant vessels of other 
nations ; though generally with the pretence that they were 
British-born subjects. And it was often extremely difficult 
to distinguish between those born in England and bona fide 
Americans. The citizens of the United States were thus, 
in many instances, pressed into the naval service of Great 
Britain. The rulers of England did, indeed, disclaim the 
right of impressing those who could prove that they were 
Americans : but this was of little avail in practice, such 
being the difficulty of producing immediate proof; and 
most of the British naval commanders, when in need of re- 
cruits, would not go into the inquiry, but conducted in a 
very arbitrary manner in this respect. 

President Washington was sensible, that a crisis was ap- 
proachhig which would involve the United States in a war 
with England, unless another effort should be made to 
avert the calamity by negotiation. The British orders in 
council were highly injurious to the commerce of the United 
States, and the impressment of American seamen was still 

* Judge Marshall. 



1794] WASHINGTON. ^ 

more irritating. It was no just excuse, that the French 
government captured American merchant vessels under 
similar pretexts, and treated the sailors with great severity 
and cruelty. The Envoy from the United States, at the 
court of London, had remonstrated, by order of the Presi- 
dent, against the conduct of the British, hut without effect. 
And the voice of the whole people was in favor of decisive 
measures with England for these aggressions. 

In 1794, therefore, the President concluded to send a 
special Envoy to the court of London, to make known the 
great sensibility of the American government and people 
on this subject, and in a firm and manly spirit to seek re- 
dress ; at the same time, to give assurances of a sincere 
desire, on the part of the administration, to maintain peace 
with the British nation. By this measure. General Wash- 
ington displayed those great traits of character for which 
he had always been distinguished ; which united, in a 
happy degree, firmness with caution, and warm patriotic 
feelings with just sentiments of national respectability and 
honor. 

At the time the President nominated Mr. Jay as a special 
Envoy to England, which he stated to the Senate was a 
pacific measure, and which he had the hope would prevent 
war with that nation, there was a large party in Congress 
which proposed to coerce Great Britain to treat the United 
States with more liberality and justice, by suspending all 
commercial intercourse between the two countries. Reso- 
lutions for that purpose had been introduced into the House 
of Representatives by Mr. Madison, a very distinguished 
member from Virginia ; and a leader of the party then op- 
posed to the general policy and measures of the adminis- 
tration. These resolutions were in accordance with a re- 
port made by the Secretary of State, some time before ; and 
were supported by those in favor of commercial restrictions 
and non-intercourse with England, rather than of further 
negotiation. 

It was contended, that the refusal to trade with England, 
would greatly distress her commercial and manufacturing 
interests ; and would soon induce her rulers to seek the 
friendship and secure the trade of the United States. The 
proposition, therefore, though made by the President to the 
Senate, as was constitutionally proper, for a special em- 
bassy to England, was opposed, in that body, by those not 
desirous of conciliating that haughty nation, as it was 
called. The propriety of the measure was also discussed 
in the House of Representatives, and warmly combated, 
9 



06 FEDERAL GOVERNMENT. [1794 

as inefficient and pusillanimous. And it was pretended 
that the adoption and execution of the resolutions for non- 
intercourse, would produce a better efiect than an extra 
mission. 

By the friends of the administration, it was contended, 
that the resolutions would irritate, rather than coerce 
Great Britain : that though it might produce some incon- 
venience to that nation, its resources and its naval power 
Avere such as to sustain her, though all trade were at an 
end with the United States : that the commerce of this 
country would sutler severely, and the effect be to prevent 
the prosperity of America, and greatly to reduce the reve- 
nue, so necessary to pay the public debt ; and that a new 
attempt to negotiate would probably succeed, and thus the 
evils of war be averted.* 

A great constitutional question arose in 1793, relating to 
the powers of the federal courts, and whether a State was 
amenable to their jurisdiction. The question came up, on 
the occasion of the State of Georgia having been sued be- 
fore a court of the United States, by a citizen of South Car- 
olina; and Massachusetts, by an alien, and a subject of the 
King of Great Britain. The case in which the State of 
Georgia was defendant was brought before the court, and 
the majority of the Justices of the Supreme gave an opinion 
for sustaining the suit, as constitutional; which was 
founded in the second section of the third article of the fed- 
eral compact ; which gives the Judiciary of the United 
States authority to decide in " controversies between two 
or more States ; hetioeen a State and citizens of another 
State ; between citizens of different States ; and between a 
State and the citizens thereof, and foreign States, citizens or 
subjects." One of the Judges, however, expressed doubts 
whether the Constitution intended to give such authority 
to the federal courts ; as it would be a denial of the sove- 
reignty of the States. 

The suit commenced against the State of Massachusetts 
was not brought to trial ; for the legislature, at a special 
session in September, 1793, called by the Governor, to con- 
sider the subject, soon after he had been served with a legal 
process, or notice, from the federal court, as a principal 
officer or agent of the State, to appear, and make answer 

* The members of the House of Representatives who opposed these reso- 
lutions, were Smith, of South Carolina ; Smith, of Maryland ; Ames, Good- 
hue, and Dexter, of Massachusetts ; Hartley, and Fitzsimmons, of Pennsyl- 
vania ; Tracy, and Hillhouse, of Connecticut ; and others. 



1794] WASHINGTON. 67 

before the court, declined to answer. Similar notice was 
given to the Attorney Genei^l of the State, and served by 
the marshal of the United States. The Governor declined 
obeying the summons, or employing counsel ; but issued a 
proclamation for an extra meeting of the legislature. 

In his speech to the legislature, the Governor says, — "I 
cannot conceive that the people of this Commonwealth, 
when by their representatives in Convention, they adopted 
the federal compact, expected a State should be held liable 
to answer on compulsory civil process^ to an individual of 
another State, or of a foreign kingdom. Three judges of 
the United States having given it as their opinion that the 
several States are thus liable, the question becomes highly 
important to the people." After stating the consequences, 
which he apprehended would result from this doctrine, he 
suggested the propriety of preparing a proposition, by the 
legislature, for an additional article to the federal Consti- 
tution, in which the sovereignty of a State should be so far 
secured, as not to be liable to a civil suit in the Courts of 
the United States, at the instance of an individual, whether 
a citizen of the United States, or of a foreign country. He 
considered this the most proper course, and most for the 
peace and harmony of the Union ; at the same time he ex- 
pressed an opinion in favor of State rights, and of the sove- 
reignty of the States, in all cases not expressly or plainly 
prohibited by the federal Constitution. 

In this speech, the Governor also observed, " The great ob- 
ject presented to us by our political situation, is the support 
of the general government, and affording force and efficacy 
to its functions, without destroying the powers which the 
people have vested in and reserved to the State govern- 
ments. A consolidation of all the States into one govern- 
ment would at once endanger the nation as a republic, and 
eventually divide the States now united, or eradicate the 
principles for which we have contended. It is much less 
hazardous to prevent the establishment of a dangerous or 
erroneous precedent, than to attempt to contravene it, after 
it has obtained a place in a civil constitution."* 

The legislature sustained the views of the Governor, by 
a large majority, though several members of talents and 
learning contended that a State was liable to an action in 
a civil suit ; that it ought to do justice according to the de- 
cision of an impartial tribunal ; that there was none other, 

* Governor Hancock died the first of October, at the age of 56, and only 
ten days after this meeting of this legislature ; greatly lamented as an ardent 
patriot and a sincere republican. 



68 FEDERAL GOVERNMENT. [1794 

for such purpose than the Courts of the United States, and 
that the opinion of the Judges of that Court was correct. 
The resolution passed by the legislature of Massachusetts, 
on the occasion, was as follows — " That a power claimed, 
or which may be claimed, of compelling a State to become 
a defendant in a Court of the United States, at the suit of 
an individual, or individuals, is (in the opinion of this 
legislature) unnecessary and inexpedient; and, in its ex- 
ercise, dangerous to the peace, safety, and independence of 
the several States, and repugnant to the first principles of 
a federal government." A resolution was also adopted 
by the legislature, to instruct the Senators and to request 
the Representatives in Congress from Massachusetts, to use 
their efforts for obtaining an amendment to the federal 
Constitution, which should prevent a State from being 
amenable, in a civil suit, to the Courts of the United States. 
In 1794, Congress proposed such an article to be added to 
the Constitution ; and in 1798, it was officially announced 
by the President of the United States, that the requisite 
majority of State legislatures had approved and adopted it. 
It is the eleventh article of those added to the Constitution ; 
and it is as follows — " The judicial power of the United 
States shall not be construed to extend to any suit in law 
or equity, commenced or prosecuted against one of the 
United States, by citizens of another State, or by citizens 
or subjects of any foreign State." 



1794] WASHINGTON. 69 



CHAPTER IV. 

Third Congress, December 1793. Fears of War with England or France. 
President's Speech. Debts of the Separate States. Comparison of them. 
Mr. Jefferson resigns his Office as Secretary of State. Judge Jay's Special 
Envoy to England. Jealousy of that Nation. Portugal. Algerine Depre- 
dations. Embargo. Regular Troops of the United States Increased. Dif- 
ficulty with Spain. Discontents and Opposition in Pennsylvania. Firm and 
Mild Measures of Federal Executive. Second Session of Third Congress. 
Power over Militia. Discipline of them. Reduction of Public Debt Urged. 
Opposition to the Administration. 

When the third Congress met, December, 1793, (consist- 
ing of about 110 members,) the pubUc mind was highly 
anxious respecting the destiny of the country ; through 
fear of a war with France or England, against both which 
there was just causes of complaint, and by the excitement 
of national pride and honor, at the highly improper inter- 
ference of the French minister with the measures of the 
federal government. The speech of the President to the 
national legislature, on this occasion, " was moderate, firm, 
dignified and interesting."* He first referred to his re-elec- 
tion, to which, he said, he had consented by the pressing 
request of many of his most judicious friends, contrary to 
his own inclination ; and he expressed the hope, that his 
services might be useful and acceptable to his fellow-citizens. 
He then referred to his proclamation of neutrality in the 
present crisis, as he deemed it an imperious duty to ad- 
monish the citizens of the consequences of a contraband 
trade, as well as of all hostile acts towards either of the 
belligerent nations in Europe. He recommended that the 
country be put in a state for efficient defence against any 
foreign invading foe ; and he also referred to the very im- 
proper and offensive conduct of the French minister near 
the United States. 

The answer of both Houses of Congress were expressive 
of their entire confidence in the upright views of the Presi- 
dent, and of the correctness of the measures which he had 
adopted. And while strong feehngs of indignation were 
displayed by the majority respecting the extraordinary 
conduct of the French minister, as disclosed by the Pres- 

* Marshall. 



70 FEDERAL GOVERNMENT. [1794 

ident, no one appeared so lost to sentiments of national 
honor, or a regard to the welfare of the country, as publicly 
to offer any apology for him. Anonymous writers in some 
newspapers, however, vainly attempted to justify or to ex- 
cuse his conduct. 

During this session, the Commissioners appointed to ex- 
amine and adjust the accounts of the several States, for 
expenses and advances in the war of the Revolution, made 
a report to Congress ; in which was stated the balances 
due to each. The creditor States were seven ; Massachu- 
setts and South Carolina had the greatest claims, amount- 
ing to 1,200,000 dollars each ; the other creditor States were 
Connecticut, New Hampshire, Rhode Island, New Jersey, 
and Georgia ; all the other were debtor States. 

When the act for an excise, or duty, on carriages was 
discussed, it was objected that it would operate unequally ; 
that it was of the nature of a direct tax ; and should, 
therefore, be imposed on all ; and that no tax but of this 
character could be constitutionally collected. Mr. Sedg- 
wick, of Massachusetts, maintained that the Constitution, 
not only allowed Congress to lay duties and imposts, but 
taxes and excises : that direct taxes were to be laid accord- 
ing to the ratio of population ; but that an excise was 
rather of the nature of imposts, as it was raised, not on ar- 
ticles of necessity, but of superfluity and luxury, and was 
therefore voluntary ; and that an excise on pleasure car- 
riages was as proper as a duty on wine or tea, and would 
fall only on the rich. The real objection, with many, to this 
mode of raising a revenue, was, that it had been proposed 
by the Secretary of the Treasury, Mr. Hamilton, in his 
report, all whose plans were opposed by certain members 
of Congress. It was also popular to clamor against an ex- 
cise ; the name even being odious to the people in most 
parts of the country. 

Towards the close of the year 1794, Mr. Jefferson, the first 
Secretary of State, resigned his office, and retired from the 
administration of the federal government. He had enter- 
tained different views from the President and the majority of 
the Cabinet, on some of the most important measures pro- 
posed and adopted by Washington. It was also supposed 
that he was induced to this act by finding that Mr. Hamilton, 
the Secretary of the Treasury, had more influence with the 
President than himself. By the request of CTcneral Wash- 
ington, Mr. Jefferson remained in office several months, 
after he tendered his resignation. Washington was under 
an undue influence from no man ; but he considered the 



1794] WASHINGTON. 71 

plans and views of the Secretary of the Treasury, and of 
War, more correct for vindicathig the honor and welfare of 
the United States, than those of Mr. Jefferson and Mr. 
Madison. General Knox, the Secretary of War, had no 
unpleasant collisions with, nor personal jealousies of the 
.Secretary of State, but he had perfect confidence in the pat- 
riotism and wisdom of the President. 

In April, 1794, the President nominated to the Senate, 
John Jay, then Chief Justice of the Supreme Court of the 
United States, as Envoy Extraordinary to the Court of 
London ; and he expressed his opinion to that body, that 
the crisis demanded such a measure — that he had no want 
of confidence in the minister from the United States then 
near the British Courts, (Mr. Pinckney of South Carolina,) 
but that a special Envoy might have an additional influ- 
ence with the government of England ; and that if he were 
unsuccessful in his efforts to preserve peace, and to induce 
that nation to do justice to the United States, the duty of a 
resort to force, in defence of our rights, would be manifest 
to the world, and that but one opinion would prevail 
among the American people on the subject. 

In addition to the reasons for such a mission, to which 
reference has already been made, a peace had taken place, 
by the advice and influence of the British ministry, between 
Portugal and the Dey of Algiers — and the vessels of the 
latter were thus at leisure to depredate on the commerce of 
the United States. They took several vessels belonging to 
American citizens, confiscated the cargoes, and imprisoned the 
crews, or obliged them to work in their gallies. So jealous 
were many persons in the United States, at that period of the 
inimical disposition of England towards this country, that 
they attributed the peace between Algiers and Portugal to 
a design in the British Cabinet to harass and distress the 
navigation and trade of America. This, however, was dis- 
avowed by the British ministry, and probably was not a 
premeditated plan. But no one who was impartial in his 
feelings, could hesitate to acknowledge, that the Court of 
London was disposed to find a plea for imposing restraints 
on the commerce of the United States, vdiether it were in 
friendship to other nations, or from hatred to France, with 
which it was at war. 

In the dispute with Spain at this period, the interests of 
the United States, especially of the western parts, on the 
Mississippi, were deeply involved; and the citizens of the 
newly formed State of Kentucky, complained that their 
rights were not duly regarded by the government. They 



72 FEDERAL GOVERNMENT. [1794 

meditated an attack on the Spanish settlements on that 
river ; to which they were instigated or encouraged by M. 
Genet, the French minister. They were even more un- 
reasonable in their complaints, and more precipitate in their 
movements than the people of Maine, at a very recent 
period. They resolved on the enterprise, and made prepar- 
ations to conduct it, without consulting the federal execu- 
tive; thus hazarding the peace of the United States for 
their own peculiar interest. Efforts had long been previ- 
ously but unsuccessfully made to form a treaty with Spain, 
respecting the bounds between her territory on the Missis- 
sippi and the United States. In 1794, Mr. Pinckney, then 
resident minister at the British Court, was sent to Madrid, 
and in a few months agreed on a treaty with the Spanish 
government, which was accepted and exchanged in 1795, 
by which the controversy was happily adjusted, and the 
free navigation of the Mississippi was secured to the citi- 
zens of the United States. 

The dangers, which then threatened the United States, 
both from England and France, neither of which discov- 
ered a friendly, or conciliating spirit towards this country, 
had induced the President to recommend measures for de- 
fence, should the exigency unfortunately occur to make 
such preparation proper. During the first session of the 
third Congress, and in April, May, and June, 1794, several 
acts were passed for this purpose. The depredations on 
commerce were so great, that an embargo was laid in April, 
for the term of thirty days ; and at the expiration of that 
period, for thirty days more. And before Congress ad- 
journed, which was in June, a law was passed authorizing 
the President to impose and revoke embargoes, during the 
recess of the federal legislature, and to extend only fifteen 
days after the beginning of the next session. An Act of 
Congress was passed at this session, for raising seven hun- 
dred and sixty ofiicers and privates, for artillery and engi- 
neer corps, should the executive please to adopt such a 
measure. And the President was also authorized to call 
on the Governors of the several States for the militia, if 
circumstances should render it necessary for the defence of 
the country, to the number of eighty thousand in the 
whole. But it was provided, that each State executive or 
authority should appoint the officers of the militia. Au- 
thority was likewise given the President to repair and erect 
fortifications at various points on the Atlantic seaboard, 
from Portland to Savannah, and sixteen places were named 
for that purpose. He was further empowered to build or 



1794] WASHINGTON. 73 

purchase ten vessels of war for defence. An augmentation 
of duties on some imported goods was laid at this session ; 
and an excise on pleasure carriages : on the retail of wine 
and foreign distilled spirits; and on sales at auction. By 
this Congress also, an act was passed in June, declaring it 
to be a crime against the United States, with heavy penal- 
ties annexed, for any citizen to accept and exercise a com- 
mission to serve a foreign Prince or State, in war, by land 
or sea; or for any person, within the territory or jurisdic- 
tion of the United States, to enlist or enter himself, or to 
hire or retain another person to enlist and enter himself in 
the service of any foreign Prince or State ; or to convey 
him beyond the limits of the United States, so to enlist and 
enter on board any vessel of war, privateer, «fcc. The fit- 
ting out of vessels in the ports and harbors of the United 
States, or giving commissions to persons to command them, 
which were intended to commit depredations, on other na- 
tions or subjects thereof, were also constituted crimes or 
high misdemeanors. While the bill for this purpose was 
before Congress, it met with warm and powerful opposition 
from those who were friendly to the French nation, and 
wished to unite the destiny of the United States and France 
in the great cause of liberty, and who had disapproved of 
the neutral policy of the President. In several stages of 
the passage of the bill, the number in the Senate against 
was the same as that for it, and was decided by the vote of 
the Vice President, who is allowed to give a vote only when 
the Senate is divided on any question. The bill was at 
last passed by his casting vote ; and, but for a singular 
circumstance, the vote would have been against it by a 
majority of one.* 

Before M. Genet, the French minister, was recalled, be- 
sides other highly improper acts, as interfering with the 
measures of the President, directing the arming of vessels 
in the ports of the United States, and giving commissions 
to persons to command them, to capture British vessels ; he 
projected an attack on the Spanish territory and settlements 
on the Mississippi, and instigated a number of the citizens 
of the Union to engage in the enterprise without any au- 
thority from the federal government, and at the direct hazard 
of a war with Spain. He sent agents to the new State of 

* Mr. Gallatin was then a Senator from Pennsylvania. But his seat was 
declared vacant a very short time before the vote on the bill ; it having been 
objected and proved that he had not been a citizen of that State for the number 
of years required by the Constitution. 

10 



74 FEDERAL GOVERNMENT. [1794 

Kentucky, with directions to raise men to go against New- 
Orleans, and other places in possession of .Spain, whose 
title to the river and coinitry adjacent was then undis- 
turbed. The people of Kentucky readily promised to engage 
in this unlawful expedition ; and the Governor of the State, 
with most of the public men, encouraged the hostile project. 
They presented a petition to the President, and requested 
aid from the regular army ; and when this was declined, 
they complained of him as unfriendly to the liberties of the 
people, and insisted that the federal government ought to 
dispossess the Spanish by force, and demand the free nav- 
igation of the Mississippi by the citizens of the United 
States. They had caught the disorderly spirit of the 
French minister, from his agents, sent among them ; and 
seemed resolved to involve the country in war with Spain, 
by invading her rightful territories. The cares and anxiety 
of the President were much increased by this strange con- 
duct ; but his united firmness and prudence put a stop to 
the projected enterprise, and averted a war with the Span- 
ish nation. 

The opposition to the act of Congress, for an excise or 
duty on distilleries and on spirits distilled in the United 
States, had now been manifested in the northwestern coun- 
ties of Pennsylvania, for two years : and notwithstanding 
the proclamation of the President, and other measures, 
short of military force, which had been adopted, to warn 
the people against all further attempts or threats to prevent 
the execution of the law, the conduct of the discontented 
became more and more violent, accompanied by resolutions 
publicly made, that the excise should not be collected, 
and that they would oppose all efiorts on the part of the 
federal government, to carry the law into operation. The 
President issued a second proclamation, to prevent, if pos- 
sible, the further disorderly acts of the discontented, and to 
leave no suitable measure untried on his part, to preserve 
the peace of the community. But in his firm resolution to 
sustain the law and to support the authority of the govern- 
ment, he did not waver or hesitate. As authorized by an 
act of Congress, agreeable to a clause in the Constitution 
to call out the militia to execute the laws of the Union, he 
made requisition for twelve thousand men, and soon after for 
fifteen thousand, on the Governors of Virginia, Maryland, 
Pennsylvania, and New Jersey, to be in readiness for 
marching at his command, to quell any insurrectionary 
ibrce which might appear to oppose the due operation of 



1794] WASHINGTON. 75 

the laws.* Still, a preliminary measure of a pacific char- 
acter was adopted, which was the appointment of com- 
missioners, to be joined by such others as should be se- 
lected by the Governor of Pennsylvania; who should 
proceed to the discontented counties, offer pardon for past 
disorders, and confer with a committee from the disaffected 
citizens, for the purpose of terminating the opposiiion, 
which had disgraced the character of the nation, and 
threatened to destroy entirely the authority of the general 
government. 

The second session of the third Congress was began and 
holden at Philadelphia in November, 1794, the time fixed 
by law before the adjournment in June of that year. The 
speech of the President to Congress on this occasion, referred 
particularly to the insurrection in Pennsylvania, and to ex- 
ecutive measures for suppressing it. The constitution makes 
the President of the United States Commander in Chief of 
the militia when called into the service of the Union ; and 
in this capacity, he had visited the places of general ren- 
dezvous, to obtain full and correct information, that his fu- 
ture movements with the militia might be the most proper 
and efficient. While he found among some of the people a 
spirit inimical to all law and order, he was gratified, he 
said, to observe the alacrity and promptitude with which 
the citizens generally came forward to assert the dignity of 
the laws ; thereby furnishing an additional proof that they 
understood the true principles of government and liberty, 
and were convinced of their inseparable union. But let the 
people, he added, " persevere in their patriotic vigilance 
over that precious depository of American happiness, the 
Constitution of the United States. And when, in the calm 
moments of reflection, they shall have retraced the origin 
and progress of the insurrection, let them determine whether 
it has not been fomented by combinations of men, who, 
careless of consequences, and disregarding the unerring 
truth, that those who arouse cannot always stay a civil 
convulsion ; have disseminated, from an ignorance or per- 

* This act of Congress for calling out the militia to execute the laws of the 
Union, &c. provided that the President might employ the militia of other 
States, if the militia of the State wherein the combination and opposition ex^ 
isted, should refuse, or be found insufficient. It also provided as a prelim- 
inary to a call for the militia in such cases, that an associate justice, or a judge 
of the district court, should certify, that there was an opposition to the due exe- 
cution of law, which could not be suppressed without employing the militia. The 
President was duly certified, that such was then the fact ; and it was also rep- 
resented to him that the aid of militia from neighboring States would be neces- 
sary. The expense of suppressing this insurrection was $ 1,100,000.. 



76 FEDERAL GOVERNMENT. [1794 

version of facts, suspicions and jealousies, and unfounded 
accusations of the whole government." 

This systematic and determined opposition to law, in 
a large portion of the citizens, was a matter of deep regret 
to the friends of a republican government. It was evidence 
of very crude and erroneous notions of civil liberty, Avhich, 
if not corrected, would soon produce a state of complete 
anarchy. Surely it needed but little reflection, to have 
convinced even the common class of people, that the public 
debt, necessarily incurred in the war of the Revolution, 
must be paid, and the expenses of government promptly 
provided for. The defensive war, on the western frontiers, 
against the Indian tribes, who were destroying the peace- 
able citizens in that section of the country, was also justi- 
fied by considerations of humanity, as well as from a re- 
gard to future national prosperity; and the measure required 
a large increase of taxes or revenue. But the people were 
persuaded into the belief, that the excise originated in 
views, similar to taxes imposed on them by the British 
parliament, in 1775 : that it was an oppressive and needless 
burthen, which, as freemen, they ought not to bear. So 
liable are the people to err; especially under new burthens, 
and when party politicians are busy in the work of misrep- 
resenting the views of rulers, and in exciting the passions 
of the uninformed. 

The conduct of the President, on this occasion, as well 
as that still more embarrassing one, presented by the treat- 
ment received from England and France, was a model for 
all rulers and statesmen, who are chiefly desirous of the 
welfare of their country. His energy and firmness of char- 
acter were sufficient for the crisis, in both cases ; while his 
prudent and conciliating course satisfied the impartial 
and reasonable, among both foreign and domestic aggres- 
sors. In his hands, the honor and respectability of the 
nation were perfectly safe ; nor was its welfare less secure, 
guarded by his wisdom and moderation. He was resolved 
to support the dignity of government, and to maintain the 
constitutional liberties of the people. Clamours and cen- 
sures, from temporary excitement, or from mistaken views 
of his upright and patriotic purposes, did not move him; 
he sought chiefly the true and permanent prosperity of the 
Union, and yet he was not indifferent to the approbation of 
the intelligent and virtuous portion of the conmuniity.* 

* The sound views of the President, on this occasion, are concisely expressed 
in a letter to one of his particular friends. " The real people, suddenly as- 



1794] WASHINGTON. JT' 

The President embraced this occasion for recommending 
a permanent system, by Act of Congress, for regulating the 
militia; for arming, organizing and disciplining them; and 
thus, "to provide for calling them forth, to execute the 
laws of the Union, to suppress insurrections, and to repel 
invasions." He, as well as most other citizens in the re- 
public, even those who had assumed the military character 
in defence of civil liberty,* were averse from a standing 
army, and deemed a well regulated militia, consisting of 
citizen-soldiers, the only safe and proper substitute, under 
a free republican government. 

In his speech, the President also referred to the relations 
of the United States with foreign powers, and to the meas- 
ures he had adopted in this respect, during the recess of 
Congress. Nor did he omit to invite the attention of the 
legislature to the important subject of the national finances. 
He recommended the adoption of some system for the grad- 
ual reduction of the public debt, and depicted the evils 
both to government and the people, from an accumulation 
thereof, which he apprehended, unless rigid economy were 
observed in the public appropriations, and means were pre- 
pared for diminishing the national debt, even on the condi- 
tion of an additional impost in some cases. 

The Senate expressed their approbation of the measures 
which had been pursued by the Executive, and of the 
views which were suggested in the speech : but there were 
several dissentients in that branch of the legislature, as to 
the force employed in quelling the insurrection in Pennsyl- 
vania ; and the policy pursued towards the French and 
British governments. In the House of Representatives 
there was a small majority opposed to the views and 
measures of the President; and the answer of that body to 
his speech, was far from expressing a full approbation of 
the sentiments advanced or the measures recommended. 
Indeed, no direct reference was made to the insurrection 
and its suppression, though its fortunate termination was 

sembled to express their opinions on political subjects, ought never to be con- 
founded with self-created societies, assuming the right to control the constituted 
authorities, and to dictate to pul)lic opinion. While the former are ever en- 
titled to respect, the latter is incompatible with all government; and must 
either fall into general disesteem, or finally overturn the established order of 
things." 

* It is believed that very few, if any, native citizens of the United States, 
were in favor of a standing army. When the Society of Cincinnati was formed, 
in May, 1783, at the close of the Revolutionary war, one consideration, one 
fundamental principle was, " to inculcate to the latest ages, the duty of laying 
down, in peace, the arms assumed for the national liberty and welfare." 



78 FEDERAL GOVERNMENT. [1791 

jiisl cause of gratitude with all good citizens, and the con- 
duct of the Executive deserved high commendation. The 
majority also declined to express any censure on self-created 
societies, referred to in the speech, as the causes, or occa- 
sions of dangerous opposition to government. These soci- 
eties were then in great favor with the ardent friends of 
the French Revolution ; and it was not till the fall of Rob- 
espierre, the chief of a violent and sanguinary faction, in 
that country, that the .lacobin Clubs fell into discredit both 
in France and in the United States. Here, as there, their 
influence had well nigh overturned the government, and 
opened the flood-gates of misrule, of cruelties, and outrages, 
which would disgrace the most barbarous nations. In re- 
jecting, by a small majority, an amendment proposed to the 
reported answer to the speech of the President, the House 
also refused to give its sanction to his conduct towards 
England and France, and especially as to the embassy to 
the former, under Mr. Jay. 

While several important measures of the President were 
unnoticed, or referred to with implied disapprobation, by 
the House of Representatives, they professed a readiness to 
favor any practicable plan for the reduction of the national 
debt. But the difficulty was perceived, by both parties, of an 
efficient system, without an increase of imposts or a direct 
tax, both of which would probably excite new complaints 
and opposition. Direct taxes are always unpopular, Avhile 
those collected impetceptibly by way of duty on imported 
goods, are voluntary, and generally paid with little discon- 
tent. The plan of a direct tax, was not approved, and it 
was deemed impolitic to increase the excise. Nothing 
therefore presented for an augmentation of the revenue, but 
an addition to the duties on foreign manufactures and pro- 
ducts. And these were already very high, having been 
augmented after the first Act for that purpose, passed in 
1789. The bill, introduced into the House, for the purpose 
above mentioned, though warmly, and for a long time op- 
posed, was passed, with some modification : which pro- 
vided however, for a duty on sugars refined, and tobacco 
manufactured, in the United States. 

The opposition to the policy and measures of the adminis- 
tration, which had been gathering strength for some time, 
now became so powerful, as on several occasions, to decide 
the vote, in the House of Representatives, against the plans 
recommended by the President. Neither his patriotism, 
nor his love of civil liberty, could indeed be doubted ; but 
the wisdom and expediency of his public conduct, relating 



1794] WASHINGTON. 79 

to some highly important subjects, Avere called in question. 
But it was veiy evident, that party feelings and prejudices 
had too much influence with those who condemned the 
measures of the Executive. After the excitement of the 
day, when men were governed more by their feelings than 
their reason, the wisdom of the President's conduct was 
more fully approved and admired. The suppression of the 
insurrection, growing out of an opposition to the excise 
laws, by the militia, after great forbearance and repeated 
attempts to dissuade the people from such dangerous com- 
binations, was seen to have been indispensable to the wel- 
fare of the Union. And the measures pursued by the ad- 
ministration, for maintaining a neutral position, as to the 
two belligerent nations of Europe, and for averting war with 
either, were allowed to have been the most proper and 
effectual, both for the honor and the commercial prosperity 
of the United States. The firmness of the President pre- 
vented hostilities with the great maritime power of Eng- 
land, and saved the country from an alliance offensive and 
defensive with revolutionary France, which, at that period 
of anarchy and misrule, would have been fatal to the peace 
and prosperity of the country. In reply to the speech of 
the President, at this time, (Nov. 1794,) and in the debates 
on subjects suggested to their consideration, the language 
of members was almost invariably respectful towards him ; 
but his measures were attacked, by severe and often bitter 
censures on the Secretary of the Treasury, who it was pre- 
tended originated them, and was supposed to have undue 
influence over the mind of the Chief Magistrate. The 
talents and public services of the Secretary were so em- 
inent, that the discernment of the President could but 
highly appreciate them ; but he had too much self-respect, 
as well as practical wisdom, to be under an undue influ- 
ence from any man. With a great degree of sensibility 
and strong feelings of personal honor, with health much 
impaired by incessant devotion to public duties, and with 
the desire of attending more closely to his own private 
business, for the benefit of his family, Mr. Hamilton retired 
from the treasury department, on the first of January, 1795 ; 
having some months before, given private notice to the 
President, of his wish to resign. 

The resignation of General Knox, who was the first 
Secretary of War, under the federal government, soon fol- 
lowed. He too, had received the reproaches and censures 
of the opposition, on the pretence of extravagance in the 
expenditures of public monies, and of indulging in theories 



80 FEDERAL GOVERNMENT. [I795 

inconsistent with that rigid economy which was necessary 
in the repubhc, already burthened by a heavy debt. Per- 
haps his views were less practical than those of Hamilton, 
but his probity, either as a public or private character, was 
never doubted, and his love of republican liberty was most 
sincere and ardent. During the war of the Revolution, he 
had acted a useful and conspicuous part ; and by his lib- 
eral and magnanimous disposition had won the esteem 
and affection of General Washington. And such was his 
confidence and admiration towards that illustrious citizen, 
that, instead of officiously advising him, except when his 
opinion was expressly desired, he was always ready to 
follow the course pointed out by his chief.* 

If the mission of Mr. Jay, to the British Court, to pre- 
serve peace with that nation, and to agree on a commercial 
intercourse between that country and the United States, 
was opposed as being humiliating on the part of the federal 
government, the treaty, to which he assented, and which 
the President submitted to the Senate for their approval, 
was even more generally condemned as dishonorable to the 
■character of the nation, and highly unfavorable to its inter- 
ests. No express provision was made for preventing im- 
pressments from American merchant vessels, which had 
been a subject of great and just complaint ; the obligation to 
pay the debts due to the refugees, to which some States had 
objected, was renewed and recognized ; and great restric- 
tions were laid on the trade of the United States to ports 
in the British West Indies, which it was believed would 
operate very injuriously on the navigation and commerce 
of the country. Only American vessels, under one hundred 

* In his letter of resignation, the Secretary of War, observed, — " In what- 
ever situation I shall be, I shall recollect your confidence and kindness with 
all the fervor and purity of affection, of which a grateful heart is susceptible." 
The President said, in reply, on receiving his resignation, — " I cannot suffer 
you to close your public life, without uniting to the satisfaction which must 
arise in your own mind from conscious rectitude, assurances of my most per- 
fect persuasion that you have deserved well of your country." Col. T. Pick- 
ering, a very distinguished officer in the Revolutionary war, and at the time, 
Postmaster-General, was appointed Secretary of War, in the place of General 
Knox, in 1795; and Oliver Wolcott, of Connecticut, was placed at the head 
of the Treasury department. Edmund Randolph, sometime Attorney-General, 
had succeeded Mr. Jefferson as Secretary of State, the year before, and Wil- 
liam Bradford, of Pennsylvania, was appointed his successor. Near the close 
of 1795, Mr. Pickering was advanced to the office of Secretary of State, on 
the resignation of Mr. Randolph, who found it proper to withdraw from the 
Cabinet, on account of the detection of his confidential correspondence with 
the French Minister, which the President highly disapproved. Mr. Mc Henry 
of Maryland, .was also then made Secretary of War. 



1794] WASHINGTON. 81 

tons, were permitted to enter the British ports in the West 
Indies, with cargoes from the United States; and there 
was not so fair and full reciprocity relating to commerce 
as was justly desired. It Avas certainly far preferable to 
war ; and seldom, indeed, are either the prosperity or wel- 
fare of a nation advanced by that last resort ; for the effect 
would have been the ruin of commerce, and an immense 
public debt, which would have distracted and oppressed 
the people for many generations. 

Meetings were held in many seaports in the United 
States, and the terms of the treaty reprobated even by 
those who had before approved the measures of the Pres- 
ident ; and who were entirely disconnected with the secret 
societies, which had most unjustly condemned all the pub- 
lic acts of the administration. But these hasty expressions 
against the treaty, before it was published, and when its 
terms were greatly misrepresented by a few disaffected 
mdividuals, were soon succeeded by a loyal acquiescence 
in the great body of the people, who became satisfied that 
it would operate more favorably than was at first appre- 
hended ; and especially on learning that it was approved 
and confirmed by the Senate, the constitutional branch of 
the government, whose prerogative it is, united with the 
President, to form treaties with foreign nations. 

There were serious objections to several articles of the 
treaty with the Senate ; and after eighteen days consider- 
ation it was conditionally accepted, and that only by the 
constitutional majority. After this opinion of the Senate, 
the President took several weeks to reflect on the subject, 
before he gave his consent to its ratification. And then 
a strong memorial against the British order, subjecting to 
seizure all articles of provision, destined to French ports, 
was prepared to accompany the communication of the ap- 
proval of the treaty. The British order was revoked, and 
the ratification by that government followed. The Secre- 
tary of State, Mr. Randolph, was opposed to the treaty; 
but the other members of the Cabinet advised to its accept- 
ance, with a remonstrance against the order relating to 
provisions. 

But though the treaty, made with Great Britain, by Mr. 
Jay, was accepted by the Senate and President, and, there- 
fore, so far as it extended, had become the law of the land, 
and an obligation imposed to fulfil its conditions by Con- 
gress, great efforts were. made to prevent the execution of 
some of its provisions on the part of the United States. 
Appropriations were necessary to be made by the legisla- 
11 



82 FEDERAL GOVERNIMENT. [1794 

ture, for carrying into effect certain Acts, stipulated to be 
performed on the part of the federal government. These 
appropriations were opposed, at the hazard of violating the 
treaty, and of thus giving occasion for just complaint by 
the British Ministry. It was said by the opposition, that 
there was no other method of preventing the operation of a 
treaty, made by the President and Senate, of the most in- 
jurious or dishonorable terms, but in the refusal of the 
Representatives to make the appropriations required : and 
as the popular branch of the government, they ought to 
have a voice in such a case. But it was urged, by the 
friends of the administration, that the Constitution gave 
the treaty-making power exclusively to the President and 
the Senate ; and that, if a treaty, duly ratified by them, 
were disregarded, and any omissions to fulfil its provisions, 
deliberately sanctioned by another branch of the govern- 
ment, the character of the nation must greatly suffer; and 
no faith, no security could be justly given to a foreign 
power, for the observance of any treaty or compact en- 
tered into with the United States. After a long and angry 
discussion of the subject, in which the President did not es- 
cape equally unjust and dishonorable reproaches, as the en- 
emy of republican freedom, and the secret friend of monar- 
chy, the necessary appropriations were made by a vote of a 
small majority ; several who were opposed to the treaty, 
and desirous of a close alliance with France, even at the 
hazard of a war with Great Britain, joining with the friends 
of the administration, from convictions of the bad faith 
which might otherwise be charged on the nation. 

This was considered highly honorable to the opposition, 
and gave evidence that party feelings did not govern on 
all occasions. Had the motion prevailed which was offered 
for withholding the appropriations required by the treaty, 
the consequences would have been most disastrous to the 
United States.* It would have provoked England to re- 
taliating and hostile measures, of incalculable injury to 
America; and shown to the rulers of revolutionary France, 
that the federal government was to be the servile instrument 
of their will. The long established character of the Presi- 
dent for patriotism, and his decision and firmness, at this 

* Mr. Ames, of Massachusetts, spoke in favor of appropriations for carrying 
the treaty into effect, with surpassing power and eloquence; and probably 
produced an influence with several members of the House to support the 
measure. With a clear head and a pure mind, he could not but perceive both 
the moral and political obligations of fulfilling the conditions of the treaty. 



1794] WASHINGTON. 83 

critical period, saved the American Republic from a con- 
test, which her liberties probably would not have survived. 

This unhappy division among the citizens of the United 
States continued, with more or less of opposing views, on 
political measures, for a long period. As in all parties, 
there were no doubt honest and patriotic individuals in 
each great division ; and some who were unduly influ- 
enced by selfish considerations, or strangely governed by 
their prejudices. Those charged with a preference for 
monarchy, or with a desire to join with England to put 
down the rulers in France, were no doubt, unjustly ac- 
cused. They were sincere republicans : they had exhibited 
the strongest proofs of their attachment to civil liberty, by 
their personal services and sacrifices. But they were 
alarmed by the extravagant conduct of the French nation, 
and had great reason to fear danger to the republican in- 
stitutions of the United States, if the levelling doctrines 
advocated in that country should prevail in this. And it 
would be equally uncandid perhaps to suppose, that all 
those who were opposed to the measures recommended by 
Washington, and who expressed a strong sympathy in 
favor of France, were enemies of their own country, and 
would rejoice to see its government overturned. They had, 
indeed, mistaken notions of republican freedom, and laid 
less stress on the importance of constitutional authority 
and a settled order of political aff'airs than was proper, es- 
pecially at that period of dangerous innovation and mis- 
rule. When such characters as Washington, and his asso- 
ciates in power, at that period, whose lives have given the 
strongest proof of devotion to liberty, and to their country's 
welfare, do not inspire confidence and secure support to 
government, there can be no stability in a republic; and 
political power will soon fall into the hands of the selfish 
and unprincipled. 

The depredations on the Commerce of the country, by 
the Dey of Algiers, as well as the importance of providing 
protection for the interests of those engaged in navigation, 
liable as they were to injurious treatment from the nations 
of Europe then at war, led to a proposition for increasing 
the naval force of the United States. The administration 
was decidedly in favor of the measure ; and the President 
had recommended the subject to Congress, early in 1794. 
There was, however, great opposition to it, on account of 
the expense, and it would be impossible, in a short time, 
to prepare a navy, which would be adequate for defence 
and protection against such powerful nations as Great Bri- 



84 FEDERAL GOVERNMENT. [1795 

tain or France. It was the opinion and policy of some states- 
men, then high in public estimation, that it would be un- 
wise to attempt to create and maintain a navy sufficient to 
coerce the maritime powers of Europe, or to defend the 
United States from their depredations : and that it would 
be most for the security and prosperity of the United States, 
for the citizens to confine their labors to agriculture, and 
to allow all trade with foreign countries to be conducted 
by their own vessels. But a law was passed in 1795, for 
the building of three frigates, which was far less of a naval 
armament, however, than had been contemplated by the 
administration. 

An additional law was enacted in 1795, on the subject of 
naturalizing foreigners or aliens, who came into the United 
States with the intention of becoming permanent citizens. 
A longer period of residence was now required than by a 
former law on the subject ; and a formal noti^ was made 
necessary before a Court of Record, with an oath to support 
it, of the intention or desire of any one to become a citizen, 
three years previously to his admission. And five years 
residence was required of those thereafterwards coming into 
the United States, as well as an oath to support the federal 
Constitution, and a solemn renunciation of allegiance to all 
foreign States and governments. Only two years residence 
was made necessary for those already in the United States ; 
but it was required of all that they relinquish any hered- 
itary title, or order of nobility, which they might have 
borne in the country from which they came. 

In 1802, under the administration of Mr. Jefiferson, the 
provisions of this law were modified, so as to facilitate the 
naturalization of aliens who desired to become citizens of 
the United States. 

ilt this comparatively early period of the federal govern- 
ment, there were some instances of defalcation in public 
officers who were collectors and receivers of the national 
revenue ; but very few indeed, had then occurred ; and a 
law was passed by Congress to hold all such officers to a 
frequent and strict accountability to the treasury depart- 
ment. On any delinquency in such officers, it was made 
the duty of the Comptroller to require a settlement of their 
accounts ; and if a prompt compliance did not follow, to 
institute legal prosecutions against the defaulters. Had 
such a course been continued, with fidelity and energy, by 
the government through the high officers in the treasury 
department, many millions would probably have been saved 
to the nation. It was early recognized as an important 



1796] WASHINGTON. 85 

principle in the American republic, that the agents for col- 
lecting and receiving the public monies should account 
therefor at short and stated periods. 

The subject of "internal improvements," so far as re- 
lated to post roads, was discussed in February, 1795, but 
not so fully as at a later period ; and no formal opinion of 
Congress was expressed, so as to be a precedent for future 
appropriations for such purposes. A survey for a route to 
convey the mail from Maine to Georgia, was proposed by 
Mr. Madison ; but it does not appear that his opinion was 
settled in favor of the constitutionality of the measure ; for 
he did not urge it ; and he admitted that the expense would 
be very great. He said it was the commencement of an 
extensive work ; and he did not wish to decide at that 
time. Several other members spoke in approbation of the 
measure, as one highly conducive to the public convenience. 
Appropriations of the public funds for such an object, or for 
a great national road, like the Cumberland, designed to 
facilitate the travel from the Atlantic to the western section 
of the United States, have been advocated since, by those 
opposed to internal improvements for sectional objects, and 
such as would be local or partial in the conveniences they 
would afford. It is matter of surprise that there should 
have been any question as to necessary post roads. 

The first session of the fourth Congress continued till 
June, 1796, and was then adjourned to the first Monday of 
December following. Besides the proceedings of the na- 
tional legislature, already noticed, other important acts were 
passed, giving improvement and stability to the federal 
government, for doing justice and maintaining peace with 
other nations. Trading houses were established, and 
agents appointed, to reside in the western territory, near the 
Indian tribes, with a view to maintain a friendly inter- 
course with them, and to prevent individuals from all 
fraudulent and improper treatment of them. Provision 
was also made for the sale of the public lands in that part 
of the country. An act was passed for the protection and 
relief of American seamen. The military establishment 
was augmented, and fixed for the term of three years ; and 
further provision was made for the reduction of the national 
debt. 

But such were the prejudices and party feelings, then un- 
happily prevailing, that the best efforts of the President 
and his Cabinet were opposed, or misrepresented. The 
charges formerly brought against the administration as 
being more friendly to the monarchy of England, than to 



§6 FEDERAL GOVERNMENT. [1796 

republican France, and as being extravagant in the public 
expenditures, were repeated in a tone of asperity and 
bitterness, alike dishonorable to those who made them, 
and injurious to the influence which it is important those in 
authority should possess If it were only a few base and 
despicable individuals who directly uttered and published 
such gross charges, they were in some cases encouraged in 
their licentious vocation by men of high standing, who 
claimed the respect of the nation. The situation of the 
President was rendered exceedingly unpleasant and per- 
plexing by this inveterate opposition to his measures, and 
by these reproaches on his public official acts for the good 
of the nation. His impartial and magnanimous conduct 
towards the two great belligerent nations of Europe was 
not duly appreciated ; but on the contrary was most un- 
candidly criticised ; and censured without the semblance of 
truth or reason. A second and a third French minister, 
.after the revolution in that country, imitating the improper 
conduct of the first, appealed to the passions and prejudices 
of the people of the United States, to lessen their respect 
and confidence in the President; and many justified, as 
well their interference with the measures of the federal 
administration, as the unjust claims of the French govern- 
ment on the gratitude and support of the United States. 

New ambassaldors were appointed in 1796, to the court 
of Great Britain and to the government of France. Mr. 
Munroe was recalled from France, on the charge of delay- 
ing or partially stating the explanations which the Presi- 
dent had directed him to make to the French government, 
relating to some measures of a commercial nature which he 
had adopted, and of which the men then in power in 
France complained. It was supposed that Mr. Munroe 
had yielded too much to his sympathies for that nation, or 
to the intrigues or threats of its rulers. Charles C, Pinck- 
ney, of South Carolina, was appointed to succeed him ; who, 
it was believed, would be decided and faithful in support- 
ing the interests and the character of the United States, and 
at the same time would not be disagreeable to that nation, 
on account of any partiality for the British government. 
At this time, also, Mr. King of New York, was selected for 
ambassador to the court of London, in the place of Thomas 
Pinckney, of South Carolina, who had requested leave to 
return to the United States. 

As the second term of years, for which General Wash- 
ington had been elected President, was now drawing to a 
close, he expressed more strongly than ever, to his partic- 



1796] WASHINGTON. 87 

ular friends, his desire and purpose to retire from public 
life. His advanced age* furnished one consideration for this 
resolution ; and he expressed the opinion also, that the 
time for an individual to occupy the chair of chief magis- 
trate, in an elective, republican government, should not be 
extended to a long period. He had reason moreover to 
hope, that the difficulties both with England and France 
would be removed ; or be less dangerous in future to the 
peace of the United States. But should new disputes arise, 
he was not disposed to admit that others might not meet 
them with proper discretion and firmness. When, therefore, 
some of his friends urged him to be again a candidate for 
the presidency, from solely patriotic motives, he was not 
persuaded that it was his duty to comply with their advice. 
In September, 1796, he publicly announced his determina- 
tion to decline being a candidate for the presidential chair 
at the approaching election ; and gave his parting advice 
to the people of the United States, in which he eloquently 
expressed his ardent wishes for the continuance of their 
liberty and prosperity, and urged them to cherish a sacred 
regard for the Constittition, and for the preservation of the 
Union.f 

The prominent candidates for the presidency were John 
Adams of Massachusetts, and Thomas Jefferson of Virginia. 
The former, it was well understood, would mainly pursue 
the policy of Washington ; and the latter would favor 
measures of a different character, in some points of impor- 
tant and general interest. Mr. Jefferson was considered 
partial in his feelings and views towards the French gov- 
ernment, and Mr. Adams as more friendly to Great Britain 
than a citizen of the American republic ought to be. These 

* In March, 1797, he would be in his 67th year. ' 

t His conviction of the necessity of religion and morality will be perceived 
from the following extract. " Of all the dispositions and habits which lead to 
political prosperity, religion and morality are indispensable supports. In vain 
would that man claim the tribute of patriotism, who should labor to subvert 
these great pillars of human happiness, the firmest props of the duties of men 
and citizens. The mere politician, equally with the pious man, ought to re- 
spect and cherish them. A volume could not trace all their connections with 
public and private felicity. Let it simply be asked where is the security for 
property, for reputation, for life, if the sense of religious obligations desert 
[do not attend] the oaths which are the instruments of investigation in courts 
of justice. And let us with caution indulge the supposition, that morality can 
be maintained without religion. Whatever may be conceded to the influence 
of refined education on minds of a peculiar structure, reason and experience 
both forbid us to expect that national morality can prevail in exclusion of re- 
ligious principle." The excesses and crimes of infidel France, at that period, 
not improbably suggested these most just and salutary remarks. 



88 FEDERAL GOVERNMENT. [1796 

were the prevailing and popular opinions of the day ; and 
however unjust they might be, they had an unhappy influ- 
ence on the great body of the people. It cannot be doubted, 
however, that Mr. Jefferson was more disposed to conciliate 
the French rulers, or to adopt measures to gratify them, 
than many intelligent politicians deemed proper ; or that 
Mr. Adams considered it highly important to avoid a war 
with England, and a close alliance with France, as was 
the wish of his opponents, when there was no stability in 
its government, and when successive revolutions were dis- 
tracting and convulsing that nation. 

While the presidential election was pending before the 
people, in the latter part of the year 1796, the French min- 
ister had the presumption to interfere, (and not very indi- 
rectl}'',) by publishing an address to the people of the United 
States, reminding them of their obligations to France ; and 
strongly intimating that they ought to elect a chief magis- 
trate who was known to be friendly to that nation, instead 
of one who was not disposed to favor it, while it was con- 
tending for the rights of man. Very improper reflections 
were made on the character of Washington and his meas- 
ures ; and a different political course, it was suggested, was 
necessary to preserve the friendship of the French govern- 
ment. The political friends of the administration con- 
demned in strong terms such improper conduct ; and to the 
honor of many of those in the opposition, at that time, this 
interference of the French minister was disapproved, as 
dangerous to the independence of the United States ; and 
the influence which it was intended to produce was lost 
upon the people generally. 

Congress met again the first Monday of December, 1796, 
as provided by the Constitution ; and the address of the 
President on the occasion was highly characteristic of 
AVashington, at ouce temperate, dignified, and firm. The 
speech fully proved his strong conviction that the course 
he had pursued was the most honorable and proper, and 
most conducive to the welfare and prosperity of the United 
States. The great and increasing opposition to his meas- 
ures did not induce him to waver in the full expression of 
his political opinions and views, with regard either to the 
past or the present. 

He referred to the restoration of tranquillity in the west- 
ern parts of Pennsylvania, which had been the scene of 
forcible opposition to the laws, from great discontent of the 
act laying an excise on spirits of domestic manufacture ; to 
the efforts made, and in some degree successful, for a more 



1796] WASHINGTON. 89 

humane and pacific system toward the Indian tribes within 
the territory of the United States; and gave a general 
statement of the measures which had been pursued in ful- 
fihnent of treaties with foreign nations.* 

The speech referred morfe particularly to the conduct of 
the French government, in authorizing or suffering its ships 
of war to cause embarrassments and injuries to the com- 
merce of the United States, especially in the West Indies ; 
and expressed an apprehension that further difficulties 
might arise to the American trade and navigation. "It 
has been my constant, my sincere, and earnest desire," he 
said, " in conformity with that of the nation, to maintain 
cordial harmony, and a perfectly friendly understanding 
with this republic. This wish remains unabated; and I 
shall persevere in the endeavor to fulfil it to the utmost ex- 
tent of what shall be consistent with a just and indis- 
pensable regard to the rights and honor of our country ; nor 
will I easily cease to cherish the expectation, that a spirit 
of justice, candor, and friendship, on the part of that repub- 
hc, will eventually ensure success. In pursuing this course, 
however, I cannot forget what is due to the character of 
our own government and nation ; or to a full and entire 
confidence in the good sense, patriotism, self respect, and 
fortitude of my countrymen." 

In this speech, the President recommended to the atten- 
tion of Congress an increase of the navy, ajs necessary for 
the safety of the country, with so extensive a seacoast ex- 
posed to foreign powers, and as a protection to the com- 
merce of the United States. Every member of the admin- 
istration, at that time, was in favor of an increase of the 
naval establishment ; and yet what appears to have been 
so important and essential, found dissentients in the party, 
which had then opposed the leading measures of government 
for five years. Mr. Adams, the Vice President, was de- 
cidedly and warmly in favor of such a measure; and Gen- 
eral Knox, while Secretary at War, had expressed the same 
opinion with Mr. Adams. 

The solicitude of President Washington for the adoption 
of some plan or measures for reducing the national debt 
was also expressed, in this his closing speech to Congress, 
by reiterating his admonitions on this subject. A work oif 
magnitude had been performed, by the federal government, 

* The treaty with Algiers had stipulated the payment of money, as a con- 
dition of their forbearance to depredate on the American commerce. It was 
the only method to negotiate with that nation, and to save the citizens of the 
United States from imprisonment and slavery. 

12 



90 FEDERAL GO\T.imMENT. [1796 

within the eight years of its oporation. by restoring the 
credit of the nation by paying the interest of the pubhc 
debt, and discharging the enrrent ex}x>nses o( government. 
The original debt to foreigners had also been paid ; bnt 
new loans had been made for that purpose, though on more 
favorable terms, than attended all lormer ones. To keep 
up the credit ot the country, it was in his opinion necessary 
to provide for an augmentation of the revenue, and to ol>- 
tain loans at a still less rate of interest. In a time oi' peace, 
and with a large increase of population, he believed that 
good ix>licy dictated a reduction of the public debt, rather 
than to allow it to accumulate, or to remain as it was. as a 
burden to the next generation, which might have new and 
extraordinary exjxMises to provide for. 

When Washington retired from olhce. the nation lost the 
services of an able politician, a sincere patriot, and a faith- 
ful and ever watchful chief magistrate ; one who combined 
in a peculiar degree a high sense of national honor and 
dignity, with great economy in public expenditures, and 
personal suuplicity and purity of character. During the 
eight years ot his wise and upright administration, the fed- 
eral government was made instrumental of all the benefits 
and blessings, which the most sanguine had anticipated ; 
and jx>litical and general stability succeeded a period of 
national degradation and imbecility, wliich. in 17S6, had 
alarmed tliose least likely to despair. 



1797] ADAMS. 91 



CHAPTER V. 

John Adams elected President, and Thomas Jefferson Vice President. Po- 
litical Parties more strongly marked. President and Vice President of dif- 
ferent Political Views. Embassies to France. Preparations for War with 
that Nation. Great Opposition to President Adams's Measu res. Provisional 
Army. Direct Taxes. President's Message, 1799. Opposition in Penn- 
sylvania to Direct Tax. Measures to suppress it. Conduct of Executive ap- 
proved by the Majority of Senate and House. Laws of Congress, 1799 — 
1800. Bankrupt Law. Defensive Measures. Indiana made a Territory* 
Additional Laws to prohibit Slave Trade, increase of Routes for the Mail. 
Opposition to Navy and to other Defensive Measures. Envoys to France. 
Treaty Conditionally Confirmed. Last Session of Congress, during the 
Presidency of Adams. His Address to Congress. W. Marshall Secretary 
of State, and Chief Justice. Presidential Election, 1800, Warm and Active. 

Mr, Adams received a plurality of the votes of the elec- 
tors for President, and Mr. Jefferson, for Vice President ;* 
and they were inducted into office on the fourth of March, 
] 797. The two great political parties in Congress and in 
the nation were almost equally balanced ; and the admin- 
istration was constantly embarrassed by a powerful oppo- 
sition. For Mr. Adams pursued the policy of his prede- 
cessor, which it was well understood he had invariably 
approved ; and it was to be expected, that he would fail to 
please where the former had been opposed and censured. 
The rulers of France did not meet the friendly assurances 
of Mr. Pinckney, in an amicable spirit ; but continued to 
complain of the tjnited States as ungrateful, and to rise in 
their demands for direct aid, as due to their forbearance to 
inflict greater injuries, as well as for the services of that na- 

* Mr. Adams was a delegate from Massachusetts to the first continental 
Congress, September, 1774 ; and he and Mr. Jefferson were of the committee 
of that august body, in 1776, which reported the Declaration of the Independ- 
ence and sovereignty of the United States. In 1778, he was appointed Envoy 
to France ; in 1780, to Holland ; and in 1784, to England ; being the first 
minister from the United States to that Court, soon after the peace of 1783, in 
which he was one of the negotiators. He performed the high and arduous 
duties of these several stations, with great ability, fidelity, and uprightness. 
He returned to America in 1788, and was the first Vice President in the fed- 
eral government, and held the office during the whole time Washington was 
chief magistrate. Mr. Jefferson was chairman of the committee of Congress 
to prepare the Declaration of Independence, was several years a distinguished 
member of that assembly ; sometime Governor of Virginia, his native State ; 
a minister to France in 1785, '86, and '87 ; and first Secretary of State in the 
government of the Union, which he held till his resignation in 1794. 



92 FEDERAL GOVERNMENT. [1797 

tion in the American struggle for independence. They 
knew they had a powerful party in the United States, dis- 
posed to support their wishes for a close alliance between 
the two countries, and for vmited hostilities against Great 
Britain. In 1797, Mr. Pinckney obtained leave to retire 
from France, as he could not. with his sentiments of pa- 
triotism and national honor, submit to the demands made 
upon the government of the United States, as the price of 
the promised favor of that nation ; which were as improper 
in manner, as extravagant in principle. But in this pro- 
tracted and unhappy dispute, a large party in the United 
States constantly justified the demands and the measures 
of the French rulers, and condemned or disapproved the 
conduct of the federal administration. 

When Mr. Adams was inducted into the office of Presi- 
dent, he offered a merited tribute of praise to his illustrious 
predecessor, for his political wisdom and fidelity. Having 
spoken of the Constitution of the United States, and of the 
republican institutions of the country, and noticed the 
abuses which might take place from the prevalence of a 
licentious spirit, he observed, " The people of America 
have exhibited a most interesting system of government, 
to the admiration and anxiety of the wise and virtuous of 
all nations, for eight years, under the administration of a 
citizen, who, by a long course of great actions, regulated 
by prudence, justice, temperance, and fortitude ; conduct- 
ing a people inspired with the same virtues, and animated 
with the same ardent patriotism, and love of liberty, to in- 
dependence and peace, to increasing wealth, and unexam- 
pled prosperity ; has merited the gratitude of his fellow 
citizens, commanded the highest praises of foreign nations, 
and secured immortal glory with posterity. In that re- 
tirement, which is his voluntary choice, may he long live 
to enjoy the delicious recollection of his services, the grati- 
tude of mankind, the happy fruits of them to himself and 
the world, which are daily increasing, and that splendid 
prospect of the future fortunes of his country, which is 
opening from year to year. His name may be still a ram- 
part, and the knowledge that he lives a bulwark, against 
all open or secret enemies of his country's peace." * 

Before the close of the fourth Congress, March, 1797, 
provision was made, by law, for the meeting of the next 

* It is a remarkable fact, that, in June, 1775, when the Continental Con- 
gress were about to choose a commander-in-chief of the American army, 
raised, and to be raised, for the defence of our liberties, Mr. Adams proposed 
George Washington, who received the unanimous vote of the members. 



1797] ADAMS. 93 

Congress, on the first Monday of November, of that year ; 
but as the relations of the United States had become more 
critical and embarrassing with France, owing to the ex- 
travagant demands and the unfriendly measures of those then 
in power in that nation, and of the apprehensions, perhaps 
justly entertained, of a declaration of war by that govern- 
ment, or of acts of hostility, equally injurious to America, 
President Adams called a meeting of the federal legislature 
to be holden on the fifteenth of May. 

Mr. Pinckney was treated with personal disrespect, and 
the government of the United States severely reproached, 
in the communications which were officially made to him 
by the French Directory. It was probably intended so to 
wound his feelings and his national pride, as to induce 
him to quit his station, and thus to give a new occasion 
for complaint against him. But his desire to conciliate, if 
possible, the rulers of France, or a hope that others might 
succeed to power there, who would be desirous to treat the 
United States as an independent nation, induced him to 
remain, until he received an order from the Directory to 
depart the country. 

This conduct of the French rulers served to convince 
many citizens of the United States, with all their gratitude 
and friendship towards that nation, that France could not 
be conciliated without too great sacrifice, or too much hu- 
miliation. The terms proposed by the Directory, for the 
continuance of national friendship, were highly unreason- 
able ; and its language to the representative of the Ameri- 
can government, expressed too much of an insolent spirit 
to find justification or apology. 

Had there been any stability in the French government 
from 1793 to 179S; had it been only changed from an ab- 
solute monarchy to a republic ; and had the claims of the 
rulers of France on the gratitude and friendship of the 
United States, been reasonable and just, there would have 
been no serious difficulties between the two nations. The 
federal administration was friendly to the French people, 
and to a republic ; and would never have interfered with 
their government in any of its rapid and extraordinary 
changes; but it could not perceive that it would be con- 
sistent with safety, or that any obligation existed, to com- 
ply with the extravagant demands which were made on 
the American States. 

The President communicated to Congress the recent 
instances of unfriendly and threatening declarations of the 



94 FEDERAL GOVERNMENT. [1797 

French rulers towards the government of the United States^ 
and of indignity to their minister, who had been deputed 
with the most sincere desires for maintaining peace and 
amity with that nation. They had also issued new orders 
for depredations on American commerce, more unjust and 
injurious than any former regulations. He therefore re- 
commicnded the adoption of more efficient measures for de- 
fence ; at the same time declaring his desire and purpose 
to preserve peace, if possible, by further negotiation. 

The sentiments of the speech were approved by both 
branches of the national legislature ; several members who 
were generally found in the opposition, voting in favor of 
resolutions for supporting the honor of the country, in con- 
sequence of the unreasonable and insolent conduct of the 
French rulers. 

It was still the policy of the administration and of the ma- 
jority in Congress to maintain a neutral position, and to 
avoid war with both the contending nations of Europe. 
An Act was passed in June, 1797, to prevent citizens of 
the United States from fitting out and employing vessels as 
privateers, against nations on terms of peace and amity 
with the American government. And as, in some in- 
stances, the dissatisfaction of the French ministers was so 
great that they had encouraged depredations on vessels be- 
longing to American citizens, by those sailing under their 
commissions, the law prohibited such practices, on a heavy 
penalty, and long imprisonment. The exportation of arms 
and ammunition was also forbidden at this period, and en- 
couragement given for the importation of all such articles. 
Authority was given by Congress at the same session, to 
the President, for detaching eighty thousand of the militia, 
to be in readiness for the defence of the country ; and to 
accept of independent and volunteer companies, as a part 
of the number required. It was however provided, that 
the militia should not be compelled to serve for a longer 
term, at any one time, than three months ; and that the 
authority thus given to the President should be limited to one 
year. 

At the same session. Congress also provided for a naval 
force, though not so liberally, and to such an extent, as 
most of the friends of the administration proposed. The 
authority given the President for this object, was only to 
order the preparation and employment of three large 
frigates then nearly finished. These ships were of large 
burthen for vessels usually of that class and name; being 



1797] 



ADAMS. 



of sufficient size to carry forty -four guns, and with men and 
marines proportionate to the number of guns, and the di- 
mensions of the vessels. President Adams was decidedly 
in favor of a naval armament, as a proper and cheap de- 
fence of the country ; especially as war, if it came at all, 
would be made by one of the great maritime and naval 
powers of Europe. Had a greater number of vessels been 
fitted out and armed by the United States, at that period, 
it must have been followed by more respect for the Ameri- 
can government, from nations then disposed to do injustice, 
or to be dictatorial towards this rising republic. 

To meet the extra expenses, arising from these measures 
for national defence, duties were imposed on stamped pa- 
per and parchment, used for public purposes of various 
kinds, by merchants, and by others, engaged in lucrative 
pursuits, and in some cases, by those in office, whose 
business it was to prepare legal instruments, necessary in 
pecuniary contracts, or in executing the duties prescribed 
by law. 

This was an unpopular measure, although the public 
exigencies required an additional revenue. It was perhaps 
less objectionable with the common class of people, than a 
direct tax on lands and houses, which was imposed soon 
after. With the very name of a stamp-act^ was asso- 
ciated the idea of tyranny and oppression, from the time 
the British Parliament laid such a tax in 1765. But it 
was difficult to raise money by loans, and the proceeds 
from imposts was less, than for several former years of the 
federal government, as many vessels were taken and con- 
fiscated both by the British and French ; and the mercan- 
tile part of the community were less engaged in navigation 
on that account. That the federal legislature had author- 
ity from the Constitution to raise a revenue in this way, 
could not be justly doubted ; but the administration was 
charged with having unwisely pursued a policy which re- 
quired large additional expenses to the nation ; and every 
measure proposed to raise money, was opposed and con- 
demned by those of different political opinions. The ma- 
jority, however, still approved and justified the conduct of 
the administration, in resisting the unreasonable and ex- 
travagant claims of the French rulers. An additional duty 
was laid on salt, which bore most heavily on the Eastern 
States, where the consumption was very great, compared 
to other parts of the Union, on account of their extensive 
fisheries. But a drawback was provided of a greater 
amount, on salt provisions, and pickled fish exported j and 



96 FEDERAL GOVERNMENT. [1797 

an allowance made to the owners of vessels employed in 
the codfisheries. 

Agreeably to his declaration of making further attempts 
to preserve friendly relations between the United States 
and France, the President, with the consent of the Senate, 
appointed three eminent citizens as Envoys to France ; * 
instrncting them to prevent a war with that nation, and 
to maintain an amicable intercourse with its government, 
if it could be effected on terms " compatible with the rights, 
duties, interests, and honor of the American people." The 
instructions to the Envoys were, " to seek peace and recon- 
cihation by all means not incompatible with the honor and 
faith of the United States ; and without violating any na- 
tional engagements, or consenting to any innovation on the 
internal regulations for preserving peace and neutrality, 
which had been deliberately and justly adopted; or sur- 
rendering the rights of the American government." 

These Envoys were received with no better nor more 
friendly spirit than had been manifested in their treatment 
of Mr. Pinckney, when recently the only representative 
from the United States at the Court of France. It was at- 
tempted to detach them from each other, and to learn the 
sentiments and views of each, by separate and secret in- 
terviews. The principle adopted by the Directory was 
that on which me politicians of old European governments 
had frequently acted, " to divide and conquer." They 
were evasive and equivocal in their official conversations ; 
and in their intercourse, by private agents, sought to draw 
forth concessions which might be represented as contra- 
dictory when compared. And it soon became evident to 
two of the Envoys that no treaty could be made, on terms 
which would be either honorable or just for the United 
States to accept. The French ministry were so much mis- 
taken in the character of the American government, and 
had so little respect for their own, that they demanded or 
requested a douceur ; but the suggestion was rejected with 
just indignation. The patriotic sentiment, expressed by 
Mr. Pinckney, on this occasion, — "Millions for defence, 
but not a cent for tribute," — met with a cordial response 
in the breast of every independent citizen of the United 
States. Messrs. Pinckney and Marshall requested leave 
of the President to return, and about the same time they 
were ordered, by the French Directory, to quit the territo- 

* C. C. Pinckney was re-appointed, as one of these, and Elbridge Gerry, 
cf Massachusetts, and Wm. Marshall, of Virginia, were the other two. 



1797] ADAMS. 97 

ries of the republic ; but Mr. Gerry, their colleague, was 
invited to remain, and to renew the negotiations. He 
deemed it proper to comply with the request ; in the hope, 
no doubt, of finding a more friendly disposition in the Di- 
rectory, and of receiving some suitable propositions for a 
treaty between the two governments. Of the discretion of 
this act in one of the Envoys, when two of them judged it 
improper to reside any longer near the court of France, 
different opinions were expressed at the time ; and it was 
in vain that he continued to receive further communica- 
tions from the Directory, as he could not agree to any 
terms proposed, compatible with the dignity, honor or in- 
terests of the United States. Agreeable to instructions from 
the President, Mr. Gerry, left France in October, 1798, 
about six months after the departure of his colleagues. 
He was unable to make any favorable impression on the 
French government, and though attempts were made to 
gain him to their purpose, by flattery, he displayed a good 
degree of caution, while he remained, and yet he put a 
more favorable construction on their language than most 
others could admit. 

In July, 1798, it was solemnly declared and enacted by 
Congress, that the treaty with France, made in 1778, which 
stipulated a guarantee of the French possessions in Amer- 
ica by the United States, was not obUgatory upon the fed- 
eral government, in consequence of numerous injuries in- 
flicted by the rulers of that nation on the American com- 
merce, and of other violations of the treaty on their part.* 
This was considered an extraordinary act, as the treaty-mak- 
ing power was exclusively vested in the President and Sen- 
ate ; but it was contended, that the Constitution did not for- 
bid the legislature from annulling a treaty, which had been 
repeatedly violated by the other contracting power. The 
treaty with France had been made by Congress under the 
confederation, which no longer existed ; and as the Con- 
stitution was silent on the subject of rendering void a treaty 
so made, it devolved on the national legislature to interfere 
and to give its official sentence in the case. 

* The preamble to this Act of Congress was as follows, — "Whereas the 
treaties concluded between the United States and France, have been repeat- 
edly violated on the part of the French government; and the just claims of the 
United States for reparation of the injuries committed, have been refused, and 
attempts to negotiate an amicable adjustment of the complaints between the 
two nations have been repelled with indig7iity ; and as there is by authority 
of the French government, still pursued against the United States a system of 
predatory violence, infracting the said treaties, and hostile to the rights of a 
free and independent nation, — therefore &c." 

13 



98 FEDERAL GOVERNMENT. [1798 

In this state of the country, Congress adopted farther 
measures for defence, from an expectation that the Rulers 
of France might project an invasion ; and attempt to sub- 
due the United States by their conquering arms, as they 
had then done a great part of Europe. Even while the 
last of the three Envoys lingered in France to improve 
any occasion, which might present, for conciliation, French 
ships of war were depredating on American commerce ; 
and that a vessel bore the flag of the United States, was suf- 
ficent inducement to capture and condemn them. Orders, 
similar to those issued by the British government, injurious 
to the commerce of neutrals, to which the French Direc- 
tory said the United States ought not to submit, were 
adopted by the rulers of France, subjecting to seizure all 
American vessels having British goods or products, or 
which had sailed from British ports. 

The President manifested a truly patriotic spirit on this 
occasion ; but 'while he declared a determination to perform 
his part, in vindicating the rights and honor of the nation, 
he expressed a strong desire for peace, and said he would 
seize any opportunity which might occur for renewing 
negotiations with France. A regular and permanent army 
was now ordered to be raised ; and the President was au- 
thorized to organize twelve additional regiments of infan- 
try, a regiment of cavalry, a regiment of artillery, and a 
regiment of engineers, to serve as long as the difference 
should continue with the French government. And power 
was also given the federal executive to build, purchase, or 
hire twelve vessels, besides those then belonging to the 
United States, sufficiently large to carry twenty guns each. 
Though these measures for defence would necessarily in- 
crease national expenses, there was a very general ex- 
pression of approbation by the people in every part of the 
Union. 

When the French Directory perceived that the govern- 
ment of the United States was not to be intimidated into 
submission to their plans, and would not sacrifice the in- 
terests and rights of the nation in compliance with their 
unjust demands,* they manifested a disposition to enter 

* To show the mistaken opinion of the French rulers, respecting the senti- 
ments of the American people, as well as of the administration, they expressed 
a belief that the majority in the United States would acquiesce in the claims 
of France, and would oppose their own government. But the reverse of this 
was the fact. The people were desirous of peace with France, and rejoiced 
in the prospect of a more mild and free government there, which the revolu- 
tion held out at an early period; but they had no respect or sympathy for the 



1798] ADAMS. 99 

into fresh negotiations. They gave informal and indirect 
intimations to the American Minister in Holland, that if 
Envoys should be again appointed, they would be duly ac- 
credited, and diplomatic intercourse be held with them. 
On this intimation, the President promptly expressed a 
readiness to institute another embassy to the French gov- 
ernment. For though he had declared, on the rejection and 
ill treatment of the former envoys, that he would not ap- 
point others until he had assurances they would be re- 
ceived as the representatives of a free, powerful, and inde- 
pendent nation, he was not indisposed to meet overtures 
from the rulers of France for renewing negotiations. 

Such a measure could not justly be considered inconsis- 
tent with the declaration previously made, under the cir- 
cumstances attending it, and which called it forth ; and it 
is not to be doubted, that the President was desirous to 
avert the calamities of war, and to preserve peace with a pow- 
erful nation, the friendly ally of the United States, at a pe- 
riod of extreme difficulty and danger. The only question 
which arose was, whether the intimation given, and the 
manner in which it was communicated, were such as to 
justify the policy and propriety of the measure he proposed. 
For the proposal from the Directory, was to receive Mr. 
Murray, then Minister in Holland, if he should be ap- 
pointed ; which was in etfect to select the individual who 
was to negotiate with them. They might also deny, that 
they had given authority for such a promise or intimation. 
It would have been similar to their conduct with respect to 
the late Envoys, on their statement to the President that pro- 
positions highly reprehensible (for a loan and a douceur, as 
the condition of even commencing negotiations with them) 
had been made them. It was denied by the French Min- 
ister, M. Tallyrand, that any such proposition had ever 
been made by the authority of the Directory. And Mr. 
Gerry, one of the Envoys, was treated with great disrespect 
and rudeness by that Minister, on this account. 

The President first proposed to send Mr. Murray, as sole 
Envoy, according to the intimation he had received ; but 
the Senate hesitated to approve the nomination ; he then 
named two others to be joined with Mr. Murray in the 

French rulers in 1796, '97, and '98; and their attachment to their own govern- 
ment and to the liberty and honor of their country led them to strong resolu- 
tions in support of the administration. The most patriotic addresses were 
presented to the President from all parts of the Union, tendering their support 
of the measures for defence adopted by Congress and by the executive. 



100 FEDERAL GOVERNMENT. [1798 

embassy, and the consent of that body was then given to 
their appointment.* 

The second session of the fifth Congress (the first was a 
special session in June, 1797,) which was began in Novem- 
ber, 1797, continued to 26th of July, 1798. And several 
important laws were passed, having reference to the crit- 
ical state of the country, — for the protection of navigation, 
for maintaining neutrality, for defence of the seacoast, in 
the event of an invasion,! and for an additional land and 
naval force, and for a direct tax on real estate, to render 
the revenue equal to the expenses of the occasion. A law 
was also passed in June, 1798, to suspend the commercial 
intercourse between the United States and France and her 
possessions. And merchant ships were allowed, under 
certain restrictions, to be armed in their voyages either to 
the West Indies, or to European ports. Most of these acts 
and measures were warmly opposed by a portion of the 
Representatives, and several were finally adopted by small 
majorities.! 

Provision was made by law during this session of the 
national legislature, for the ofiice of a Secretary of the 
Navy ; rendered more necessary at this time, on account 
of the employment of a far greater naval force than at 
any former period of the government. George Cabot, of 
Massachusetts, was first appointed to that important office, 
in May, 1798 ; but he declined, and Benjamin Stoddart, of 
Maryland, was soon after called to that station. The navy, 
though comparatively small at that period, rendered great 
service to the commerce of the United States ; and the per- 

* These were Oliver Ellsworth, of Connecticut, and Wm. R. Davie, of 
North Carolina. And Judge Ellsworth was the first named of the three. Pat- 
rick Henry, of Virginia, was first appointed, but declined on account of feeble 
health and advanced age, and Governor Davie was appointed in his room. In his 
note, declining the appointment, Mr. Henry says, — " I entertain a high sense 
of the honor done me, by the President and Senate. I esteem it an agreeable 
and flattering proof of their consideration towards me. Nothing short of abso- 
lute necessity could induce me to withhold my feeble aid from an administra- 
tion, whose abilities, patriotism, and virtue, deserve the gratitude and rever- 
ence of all their fellow-citizens." 

t The places designated to be fortified, were Boston, Newport, New York, 
Baltimore, Norfolk, Charleston, and Savannah. 

t Congress gave its consent, by a special law, at this session, to an act of 
the State of Massachusetts, for incorporating certain persons to keep a pier in 
repair, erected at the mouth of Kennebunk river in Maine, and granting au- 
thority to lay a duty on vessels, for reimbursing the expenses of erecting and 
maintaining it. The case may appear not sufficiently important to require this 
express permission and enactment; but it was probably considered proper to 
have the consent of the federal government, as its jurisdiction extended to all 
maritime and commercial subjects. 



1798] ADAMS. 101 

mission to the merchants to arm their vessels in self-de- 
fence, saved a large amount of property on the ocean from 
capture and confiscation. 

When it was determined to raise a provisional army, in 
1798, as a necessary measure for defence of the country, 
on the second refusal of the French rulers to negotiate with 
the American Envoys, and after they had uttered repeated 
threats to invade or revolutionize the United States, it was 
a question, suggested alike by policy and good judgment, 
who should be selected as Commander-in-Chief It must 
be a citizen of assured patriotism, of experience, and one 
who possessed the entire confidence of the nation. The 
President was soon determined in the choice of General 
Washington, for this highly important and responsible sta- 
tion. But it was doubtful, whether he would accept, at 
his time of life, and with his known predilection for retire- 
ment the residue of his days. And it was a matter of deli- 
cacy, even to make the proposition to him. Yet when it 
was made, he did not hesitate long in coming to a decision. 
The same love of country and the same ardent and disin- 
terested disposition for its welfare, which had induced him 
to take command of the American army, in 1775, and to 
undertake the difficult and arduous duties of Chief Magis- 
trate of the Union, in 1789, still animated his breast: And 
he consented to receive the commission from the President, 
as Lieutenant General and Commander-in-Chief, of the 
army, then proposed to be raised ; on the condition, how- 
ever, that his service in the field would not then be required, 
and that no expense should be incurred, except for the 
support of his table and household, while in actual service. 
The sacrifice he thus made, at the call of the country, was 
duly appreciated by his fellow-citizens ; while the act itself 
aiforded full proof of his approbation of the measure adopted 
by the administration ; and yet the people needed not this 
additional evidence of his sincere patriotism, or of the pro- 
priety of the policy which had been pursued by the fed- 
eral government. The crisis did not arrive which rendered 
it necessary for Washington to take the field ; and in the 
course of the following year, a treaty was made with 
France, which put an end to the military preparations in 
the United States. An army, however, was raised in 
1798, as voted by Congress, and General Hamilton, of 
New York, was the immediate and active commander, 
being next in rank to Washington, when the officers were 
appointed ; and who was recommended by him for that 
station. The other principal military officers, who re- 



102 FEDERAL GOVERNMENT. [1798 

ceived commissions in the provisional army, were C. C. 
Pinckney, of South Carohna, H. Knox, of Massachusetts, 
H. Lee, of Virginia, J. Broolvs, of Massachusetts, W. Wash- 
ington, of South CaroHna, Jon. Dayton, of New Jersey, 
Eben. Huntington, of Connecticut, W. R. Davie, of North 
Carohna, A. W. White, of New Jersey, John Sevier, of 
Tennessee, and W. North, of New Yorlc. 

Two Acts passed by Congress, in 1798, called the Ahen, 
and Sedition laws, met greater opposition than any other 
measures adopted at that time. The objection to the sedi- 
tion law was, that it restricted the liberty of speech and of 
the press ; which was an arbitrary interference with the 
right of the citizens to express freely their opinions on all 
public and political measures. It was said, in justification 
of the law, that the grossest falsehoods were uttered and 
published, tending to deceive the people and to excite their 
prejudices unduly, to the danger of the peace of the nation ; 
that those in power, and the majority in Congress were 
anti-republican, and in favor of high taxes and an arbitrary 
government : And the government ought to take measures 
to protect its rightful authority, and maintain the peace of 
the republic : And, that the law expressly provided, in 
mitigation of the common law on libels, that the truth, if 
proved, should be a justification of the publication. It was 
afterwards doubted, whether the law was politic in a free 
country, where some instances of licentiousness in the press 
were to be expected. And it was judged that the common 
law would have been sufficient to prevent the evils which 
existed, which were undeniably great and extensive, and 
might have been resorted to in extreme cases of falsehood 
and abuse of the government. 

The law empowering the President to order Aliens, who 
were found or supposed to be conspiring against the peace 
and authority of the United States, to depart its territories, 
was severely condemned, as it gave power to the execu- 
tive to judge and decide, without the usual process of law, 
and without what might be considered strict legal proof in 
the case. The power was thought extremely liable to 
abuse, and such as might easily be exercised in a capri- 
cious and arbitrary manner. This was a strong objection ; 
but the apology for the law was, — that the persons thus 
liable to be required to leave the country, were not citizens, 
— had no just claims to a continuance here, — and that their 
residence, with the views they had, and the opinions they 
published, endangered the welfare of the nation, for which 
it was the imperious duty of Congress to provide. The 



1798] ADAMS. 103 

opposition to these laws was very great, not to say intem- 
perate, in some parts of the country. In Virginia and 
Kentucky, the legislature declared them to be direct and 
gross infractions of the Constitution, and appealed to the 
other States to join in opposition to them. At the next 
session of Congress, numerous petitions were presented for 
a repeal ; but without avail at that time. 

In his speech to Congress, at the beginning of the ses- 
sion, in December, 1798, the President referred to the polit- 
ical relations of the United States with the French gov- 
ernment ; and while he recommended the continuance of 
measures for national defence, he declared his desire for 
reconciliation and peace with France, and a hope that 
negotiations might be recommended for that purpose. To 
attain an honorable treaty, he said, it was necessary to be 
prepared for war, and to show the world that we were not 
a degraded nor a divided people. The speech was dictated 
by a truly patriotic spirit, manifesting alike a desire for 
peace, and a resolution to maintain the rights and interests 
of the nation.* He referred also to the report of commis- 
sioners, who had been appointed to ascertain the bounds of 
the United States and the British Provinces of Nova Scotia 
and New Brunswick. They had "fixed on the Schoodic, 
as the true St. Croix intended in. the treaty of 1783; as far 
as its great fork, where one of its streams come from the 
westward, and the other from the northward ; and that the 
latter was the continuation of the St. Croix to its source. 
This decision (he said) would preclude all contention be- 
tween persons claiming that the Schoodic and its northern 
branch bound the grants of lands, which have been made 
by the respective adjoining governments." 

The sentiments expressed by the President, in his speech 
to Congress, relating to France, were fully approved by the 
Senate, and by the majority of the Representatives ; though 
some members of the House discovered a determination to 
oppose any further measures for the defence of the country, 
on account, as they said, of preventing an increase of taxes 
on the people, and being in expectation of a speedy resto- 
ration of good will on the part of the French government. 
It was ordered by Congress, however, that the provisional 
army should be filled up, and the naval force augmented 

* General Washington, was present on this occasion, in the Representatives 
room, accompaned by Generals Pinckney and Hamilton. They were then at 
the seat of the federal government, to consult with the President on further 
arrangements respecting the provisional army. 



104 FEDERAL GOVERNMENT. [1798 

by building or purchasing more vessels to be armed for the 
service of the nation. The direct tax was ordered to be 
collected, for replenishing the public treasury ; and other 
measures were adopted, with a wise precaution, to meet 
any danger which might arise. Citizens found holding 
correspondence with foreign governments or their agents, 
on political subjects, and designed to influence their con- 
duct to the injury of the United States, were declared liable 
to a heavy fine, and to imprisonment ; but at the same time 
individual rights were guarded from infringement. And an 
additional Act was passed for suspending commercial in- 
tercourse between the United States and France, but lim- 
ited to the period of one year. 

The proposition for increasing the naval force of the 
United States, now met with more favor in Congress, than 
at any former period. The President was authorized to 
build six large ships of war, of seventy-four guns ; and 
six sloops of war, of eighteen guns ; and one million of 
dollars was appropriated for the purpose. The Secretary 
of State was directed to make an annual report, respecting 
American seamen, impressed and detained on board foreign 
vessels, as he might be able to ascertain by consulting the 
collectors of imposts through the United States. And if 
any acts of cruelty or severity were known to be com- 
mitted on American citizens, so impressed, or captured, the 
President was empowered and requested to cause due re- 
taliation to be made on subjects of other nations, who were 
taken warring upon the vessels of the United States. 

Difficulties still existing on the western and southern 
frontiers, between inhabitants of the United States and the 
Indian tribes, an additional law was passed for regulating 
trade with the tribes, and maintaining a friendly inter- 
course with them. Measures were taken for fixing the 
bounds between lands belonging to the United States, and 
those in possession of the Indians, or claimed by them, and 
not formally relinquished to the federal government. The 
inhabitants were forbid crossing such lines or going into 
the Indian territory to hunt, &c., on the penalty of impris- 
onment, or payment of one hundred dollars. And all acts 
of injustice and trespass, against the Indians, and on their 
territory, were made punishable in the federal Courts. 

Overt acts of opposition to the law for a valuation of 
lands and houses, were committed in some of the north- 
western counties of Pennsylvania ; and on representation 
to the President, he called on the Governor of that State 
for the militia, to suppress the lawless proceedings. The 



1798] ADAMS. iO& 

Governor promptly complied with the requisition; and the 
insurrection was soon suppressed.* 

The envoys, appointed early in 1799, to the French gov- 
ernment, did not leave the United States till November. 
Satisfactory assurances were not given to the President till 
October, that they would be received and treated as the 
agents of an independent and powerful nation ; such being 
the condition stated when he proposed to the Senate to 
make another attempt to negotiate with France, and to 
avoid the evils of war. To some extent hostilities had 
commenced on the ocean between the two nations ; though, 
on the part of the United States, it was entirely defensive. 
Depredations on the American commerce had been com- 
mitted for two years, and immense property taken and con- 
fiscated. In 1798, several frigates, and some smaller public 
armed vessels, were fitted out in defence of the mercantile 
interests, and upwards of three hundred private vessels 
were armed by permission of the government, for self- 
defence, when pursuing their lawful enterprise on the 
ocean. Several French ships of war were captured by the 
public vessels of the United States, in 1799. Still war had 
not been declared by either government, and many in both 
nations did not fail to cherish hopes of reconciliation, so as 
to prevent the continuance of such a disastrous state of 
things. The federal administration was always sincerely 
desirous of maintaining peace and a friendly intercourse 
with France ; and, in this disposition, the President pro- 
posed to institute another embassy to that government, on 
the first intimation that the proposal on his part would be 
met in a similar spirit. 

But, as already observed, the proposition was considered 
improper and injudicious, by some of the political friends 
of the administration, though the majority of the people 
commended the measure. Some of the opposition also ap- 
plauded the President for the act, as it afforded full proof of 
the sincerity of his repeated professions, that he was averse 
from war with the French nation. Still the dissatisfaction 
expressed was so great, on account of the absence of that 
full and direct assurance Avhich ought to be required, that 
other envoys would be duly respected, that the President 
deemed it proper not to direct those who had been ap- 

* There were, at this period, two hundred Newspnpers published in the 
United States; one hundred and seventy-eight or eighty were in favor of the 
federal administration; about twenty were oppo.sed to most of the leading, 
measures then adopted — and the greater portion of these were under the con- 
trol of Aliens. 

14 



• 



106 FEDERAL GOVERNMENT- [1799 

pointed, to proceed to France for several months. If a 
prompt and friendly consideration of the proposal was 
judicious in the President, it was equally so to suspend 
his directions to the Envoys to proceed on the embassy, till 
he had more unequivocal and official assurances of their 
favorable and respectful reception. There was a great 
degree of sensibility manifested on this occasion ; and the 
President was considered as precipitate in his compliance 
with the proposal of the French Ministry, at the first mo- 
ment of his knowledge of it. And it was, unhappily, the 
cause of leading some good citizens to lessen their confi- 
dence in the firmness and judgment of the Chief Magis- 
trate. But the great majority of his former friends adhered 
to him, who believed that public opinion and the political 
state of the nation justified his conduct. The measures for 
defence, which had been authorized by Congress, both as 
to completing the military force on land, and vessels of 
war for the defence of commerce, were carried into effect 
by the Executive in the course of the summer. The ships 
of war constituted a respectable naval force, especially for 
defence, though not equal to meet the navy of England or 
France. The provisional army, designed for defence, in 
the event of an invasion, was duly organized, and the 
great body of the people were animated with a lofty spirit 
of patriotism, which was alike honorable to the character 
of the citizens and to the government. But near the close 
of the year, the sudden death of the Commander-in-Chief, 
spread a deep gloom over the whole country. Never did 
the decease of an individual, in any age or nation, excite 
so sincere and universal lamentation. And never, perhaps, 
had the public services and virtues of any man, whose his- 
tory is on record, so justly entitled him to the gratitude, 
respect, and admiration of his countrymen. 

At the meeting of Congress, in December, 1799, the 
speech of the President, was received with almost entire 
approbation by both branches of the national legislature. 
He referred to the resistance which had been made in some 
parts of Pennsylvania to an Act of Congress directing a 
valuation of houses and land preliminary to a direct tax ; 
and to the means used to suppress it — to the removal of 
restrictions on the commercial intercourse with the island 
of St. Domingo, in pursuance of authority given him by 
Congress — to proceedings of the commissioners under the 
late treaty with Great Britain, and to the difficulties attend- 
ing the full and speedy execution of some parts of it — to 
the progress made in erecting the public buildings in the 



1799] ADAMS. 107 

District of Columbia, for the accommodation of the na- 
tional government — and to his late directions to the En- 
voys to proceed to France, on having received official as- 
surance from the French government, that they would be 
duly respected and negotiations be renewed. 

The answer of the Senate was short, but expressive of 
their entire approbation of the political course of the Pres- 
ident. That of the House, prepared by a Committee, of 
which Mr. Marshall, of Virginia, was the Chairman, — and 
which fully indicated the sentiments of the majority in the 
United States, at that critical period, — contained the fol- 
lowing paragraphs : — 

" That any portion of the citizens should permit them- 
selves to be seduced by the arts and misrepresentations of 
designi?ig men into an open resistance of a law of the 
United States,* cannot be heard without deep and serious 
regret. Under a Constitution where the public burdens 
can only be imposed by the people for their own benefit, 
and to promote their own welfare, a hope might have been 
indulged, that the general interest would have been too 
well understood and the general welfare too highly prized, 
to have produced in any of our citizens a disposition to 
hazard so much felicity, by the criminal effort of a part, to 
oppose, with lawless violence, the will of the whole. While 
we lament that degree of depravity, which could produce 
a defiance of the civil authority, and render indispensable 
the aid of the military force of the nation, real consolation 
is to be derived from the promptness and fidelity with 
which the aid was afforded. The zealous and active co- 
operation with the judicial power, of the volunteers and 
militia called into service, which has restored order and 
submission to the laws, is a pleasing evidence of the at- 
tachment of our fellow-citizens to their own free govern- 
ment, and of the truly patriotic alacrity with which they 
will support it. 

" Highly approving, as we do, the pacific and humane 
policy which has been invariably professed and sincerely 
pursued by the Executive authority of the United States, 
a policy which our best interests enjoined, and of which 
honor has permitted the observance, we consider as the 
most unequivocal proof of your inflexible perseverance in 
the same well-chosen system, your preparation to meet the 
first indications, on the part of the French Republic, of a 

* Allnding to the resistance in Pennsylvania to tbe Act of Congress fof 
raising a direct tax. 



108 FEDERAL GOVERNMENT. [1799 

• disposition to accommodate the differences between the two 

countries, by a nomination of ministers, on certain condi- 
tions, which the honor of our country unquestionably dic- 
tated, and which its moderation had certainly given it a 
right to prescribe. When the assurance, thus required of 
the French government previous to the departure of our 
Envoys, had been given through their minister of foreign 
relations, the direction for them to proceed on their mission, 
was on your part, a completion of the measure, and mani- 
fested the sincerity with which it was commenced. The 
uniform tenor of your conduct, through a life useful to your 
fellow-citizens, and honorable to yourself, gives a sure 
pledge of the sincerity with which the avowed objects of 
the negotiation will be pursued on your part ; and we 
earnestly pray that similar dispositions may be displayed 
on the part of France. The diflerences, unhappily sub- 
sisting between the two nations, cannot fail, in that event, 
to be favorably terminated. To produce this end, to all so 
desirable, firmness, moderation, and union at home consti- 
tute, we are persuaded, the surest means, 

" The character of the gentlemen you have deputed, and 
still more, the character of the government, which deputes 
them, are safe pledges to their country, that nothing in- 
compatible with its honor or interest, nothing inconsistent 
with our obligations of good faith or friendship to any other 
nation, will be stipulated. 

" With you, sir. we deem the present period critical and 
momentous. The important changes which are occurring, 
the new and great events which are every hour preparing 
in the political world, the spirit of war which is prevalent 
in almost every nation, with whose affairs the interests of 
the United States have any connection, demonstrate how 
unsafe and precarious would be our situation, should we 
neglect the means of maintaining our just rights. Respect- 
ing, as we have ever done, the rights of others, America 
estimates too correctly the value of her own, and has re- 
ceived evidence too complete that they are onlj'- to be pre- 
served by her own vigilance, ever to permit herself to be 
seduced, by a love of ease, or by any other considerations, 
into that deadly disregard of the means of self-defence, 
which could only result from a carelessness, as criminal as it 
would be fatal, concerning the future destinies of our grow- 
ing republic. The result of the mission to France is in- 
deed uncertain. It depends not on America alone. The 
most pacific temper will not always ensure peace. We 
should, therefore, exhibit a system of conduct, as indiscreet 



1799] ADAMS. 109 

as it would be new in the history of the world, if we con- 
sidered the negotiation happily terminated, because we 
have attempted to commence it ; and peace restored, be- 
cause we wish its restoration. But, however this mission 
may terminate, a steady perseverance in a system of na- 
tional defence, commensurate with our resources and the 
situation of our country, is an obvious dictate of duty. 
Experience, the parent of wisdom, and the great instructer 
of nations, has established the truth of your position, that, 
remotely as we are placed from the belligerant nations, and 
desirous as we are, by doing justice to all, to avoid offence 
to any, yet nothing short of the power of repelling aggres- 
sions, will secure to our country a rational prospect of 
escaping the calamities of war, or national degradation." 

The session of the federal legislature which commenced 
December, 1799, was continued to the middle of May, 
1800. Besides the additional acts for the defence of the 
country, and the protection of commerce, several important 
laws were adopted, v/hich serve to illustrate the leading 
spirit and objects of the general government. An Act was 
passed for maintaining pacific relations with the Indian 
tribes, and for the punishment of those who should attempt 
to seduce them to hostilities against the inhabitants of the 
United States. Persons liable to imprisonment for debt, on 
a judgment of the federal courts, in civil actions, had the 
same privileges allowed, as in most of the States, which 
was, liberty of the prison yard, or limits, and the taking 
of the poor debtors' oath, as it was usually called, in cases 
decided by the courts of the United States, except when the 
debt was due to the government. A bankrupt law was 
also enacted at this session of Congress, which had been 
proposed, and strongly advocated, at several preceding 
meetings of the legislature. A bill for the purpose had 
been passed by the House of Representatives, a year be- 
fore, but did not receive the concurrence of the Senate. In 
the House there were several merchants, and others, ac- 
quainted with the changes and reverses of those engaged 
in mercantile enterprises, who urged the adoption of such 
a law ; for they believed that both justice and humanity 
required it ; and pressed their arguments from the fact, 
that in most of the commercial nations in Europe, similar 
laws were in operation. 

In 1794 a law was passed by Congress, in accordance 
with the President's proclamation of neutrality, prohibiting 
the citizens of the United States from all military expedi- 
tions, on land or sea, against any foreign nations, with 



110 FEDERAL GOVERNMENT. [1799 

which the States were at peace ; and from receiving and 
acting under any commissions for such hostile purposes, 
except by express authority from the federal government. 
The officious interference of French agents at that period, 
and the excited feelings of a great portion of the people, 
who were eager to engage in enterprises in aid of France, 
rendered such a law necessary, to preserve the public 
peace. This law being about to expire, by the express 
terms of limitation, was, at the present session, continued 
for an unlimited time. During the same meeting of Con- 
gress, the President was authorized to accept a cession of 
the jurisdiction of the territory, called the Western Reserve 
of Connecticut, and lying west of Pennsylvania, being a 
large tract of land within the present limits of the State of 
Ohio, and excepted by the State of Connecticut, from the 
grant made by that State, of lands claimed by it, in the 
Northwest Territory. And he was even empowered also 
to issue letters patent to the government of Connecticut, 
for the use and benefit of such persons as were then settled 
on the said Reserve, under authority of that State. At the 
beginning of this session of Congress, a delegate from the 
people in the Northwest Territory appeared, and was al- 
lowed a seat, with a right to speak in the House, but not 
to vote.* He was the first instance of a delegate or mem- 
ber of Congress from a Territory, and not of a State. But 
many similar instances have occurred since that time. 
The Northwest Territory was divided at this session of the 
national legislature, and that part northwest of the Ohio 
river, which lies westward of a line — beginning opposite the 
mouth of Kentucky river, and running thence to fort Re- 
covery, and thence north, till it intersects the line between 
the United States and Canada — was made a separate Terri- 
tory, and called Indiana; and a temporary government 
provided for it. 

A law of the federal legislature, passed in March, 1794, 
prohibited the carrying on of the slave trade, by citizens of 
the United States, in any ways or places, under severe 
forfeitures and penalties. It made all vessels, owners, 
shipmasters, and seamen, concerned in transporting slaves 
from the United States, and in conveying them from one 
country, or port, or place, to another, liable to be forfeited, 
fined, or imprisoned. In May, 1800, an additional law 
was enacted on this subject, more explicit and more exten- 

* This delegate was W. H. Harrison, then quite a young man. Two years 
after, he was appointed Governor of that Territory. 



1800] ADAMS. in 

sive in its operation than the former. Additional duties 
were laid, at this session of Congress, on sugars, molasses, 
and wines. An Act was passed for a new census to be 
taken of the inhabitants; and for erecting forts at some 
other places on the seacoasts than those then fortified. An 
additional law relating to the Post Oflice department was 
also passed ; the rapid increase of the towns, and the great 
number of entirely new plantations, rendered new routes 
for conveying the mail, very important and useful. The 
President was empowered to suspend measures provided 
for defence, by an increase of the naval and land forces, 
whenever the state of the belligerant powers of Europe, 
and especially the policy of France towards the United 
States, should, in his opinion, justify it. 

Though no expensive measures, except those for na- 
tional defence, were adopted, and though the President had 
manifested a sincere desire to prevent open hostilities with 
France, even to some condescension in appointing a new 
embassy, as many of his political friends supposed ; strange 
as it may appear, those opposed to the administration, by 
secret and incessant efforts gained strength and new adhe- 
rents ; and as public dangers became less pressing and less 
imminent, they were more clamorous and bold in their 
censures. It was pretended that the great expenditures for 
a navy and an army were unnecessary and impolitic, as 
peace might have been always maintained with France 
had the federal administration been sincerely desirous of it; 
and that the burden of new taxes, and excise might have 
been avoided, had not the Executive adopted unwise or 
improper measures. Taxes are always considered griev- 
ances by the people ; and it is only when they do not per- 
ceive them to be absolutely and immediately necessary for 
the support of liberty, that they submit to them without 
complaint. And the feelings of the people generally in the 
United States were so engaged on the side of regenerated 
and republican France, as it was called in 1793 — 98, that 
they were ready to suppose all were enemies to liberty 
who opposed any of the extravagant, violent, and arbitrary 
conduct of its rulers. Their strong prejudices and their 
immediate interests were against the administration, and in 
favor of the opposition, led by self-styled reformers, from 
whom they expected relief from taxes, and the enjoyment of 
greater freedom. 

Such is the general character of mankind. They are 
naturally jealous of those in power, consider little of the 



112 FEDERAL GOVERNMENT, [1800 

necessary expenses of government, are impatient of re- 
straint, easily excited, ready to listen to, and liable to be 
deceived by, such as profess to be their special friends and 
the asserters of civil liberty. Their great error consists in 
want of due inquiry, and just discrimination. They de- 
cide hastily, and, therefore, often erroneously. And their 
best friends will probably be censured and reproached, 
while such as make strong professions, and declaim most 
loudly in the cause of political freedom are applauded and 
followed. In 1798, it appeared to be almost the universal 
sentimentof the people, thattheconduct of the administration, 
and the measures adopted by Congress, were proper, wise, 
and necessary. Before the close of 1800, without any 
change of policy, or extravagance in public expenditures, or 
charge of passing arbitrary or oppressive laws, the majority 
in the national legislature were found to be the opponents 
of the administration, and the popular voice was in condemna- 
tion of the measures which had been pursued and approved. 
There were some men of talents and of plausible political 
theories, who were constantly engaged in making misrepre- 
sentations, and in exciting the prejudices of the people. They 
had false views of human nature, and represented man as 
needing little or no restraints from law and government. 
They professed to believe that human governments ought 
to have far less power, than was common, and the people 
more freedom; that riots and excesses might sometimes be 
witnessed ; but that the good sense and virtue of the people 
would suppress them. The exhibition of the disorders and 
extravagances, of the cruelties and outrages in France, for 
six years, under the sacred name of liberty, failed to con- 
vince them of their erroneous theory, and of the necessity 
of authority in civil government, to guarantee the full en- 
joyment of freedom to all the people. 

Sometime after the American Envoys reached Paris, 
where they proceeded, on receiving direct assurances of 
being received with due respect, three commissioners were 
appointed by the French government, to treat with them. 
Napoleon Buonaparte was then First Consul ; and the 
rulers having been recently changed, professed a strong 
desire to be on terms of peace and friendship with the 
United States. Joseph Buonaparte, a brother of the First 
Consul, was one of the commissioners. A treaty was pre- 
pared, and signed the first of October ; and afterwards re- 
ceived formal ratification by the French government, and a 
conditional agreement by the President and Senate of the 



1800] ADAMS. 113 

United States.* It related chiefly to the compensation to 
be made by the French government for depredations on the 
American commerce ; but not to the extent, nor embracing 
the whole period of such depredations, as urged and claimed 
by the federal government. These claims it was stipulated 
should be considered at a subsequent time ; but the treaty 
of alliance of 1778, and the convention of a later period, 
November, 1788, were to have no effect thereafter; and the 
future relations and intercourse of the two nations were 
particularly defined and regulated. It was a great objec- 
tion to the treaty, that it did not definitely and expressly 
stipulate indemilification for recent depredations by French 
vessels on the commerce of the United States, which were 
very extensive, and very severely felt ; and on this account 
was not fully confirmed by the Senate. Such provision 
had been made in the treaty with Great Britain in 1794; 
and yet that treaty was condemned as humiliating and 
dishonorable, by the French party, at that time. The claims 
of the United States on France were not, indeed, abandoned ; 
and the friends of the administration refrained from all de- 
nunciations and clamors against the treaty, in the confident 
belief that the President and Senate would not give it their 
sanction, should it be found derogatory to national rights, 
or injurious to the interests of the mercantile community. 

So desirous was Mr. Adams of avoiding a war with 
France, and of maintaining pacific relations between the 
United States and that nation, that his efforts for those ob- 
jects were censured by some of his fellow-citizens ; and he 
was represented as not sufficiently firm and decided in sup- 
porting the honor of the American government. The 
charge was alike unjust and impolitic. Mr. Adams was 
well aware of the instability of the French government, at 
that period, and of the improper conduct of the rulers of 
that nation in 1798, to commit himself by any unreasonable 
confidence in their promises ; and much less of placing the 
destinies of the United States in their hands. But, like a 
wise statesman, he considered the feelings of the great body 

* The President was disposed to ratify the treaty as it was originally ap- 
proved by the Envoys, in whom he had great confidence, and being apprehen- 
sive of the result of a conditional acceptance. But the majority of the Senate 
were opposed to two articles, and suspended them for further negotiation. 
When the conditional ratification was sent to France by Mr. Jefferson, soon 
after, who succeeded Mr. Adams on the fourth of March, 1801, he appointed 
Mr. Vans Murray, and Mr. John Dawson of Virginia, to negotiate on the sub- 
ject of those two articles. The treaty was submitted to the Senate in Decem- 
ber, 1800, soon after it was received by the President, but the Senate did not 
give a final decision till near the close of tlie session in March. 

15 



114 FEDERAL GOVERNMENT. [1800 

of the people towards France, and would leave no reason- 
able efforts untried for peace and reconciliation. The 
people generally approved of his policy. And it was his 
peculiar honor to receive the entire approbation and confi- 
dence of General Washington at that critical period. 

The second session of the sixth Congress was held at 
Washington city, in November, 1800, and the last address of 
President Adams to the national legislature, at the opening 
of that session, contained the following impressive remarks : 
"I congratulate the people of the United States on the 
assembling of Congress at the permanent seat of their gov- 
ernment ; and I congratulate you, gentlemen, on the pros- 
pect of a residence not to be changed. It would be unbe- 
coming the representatives of the nation to assemble for the 
first time in this solemn temple, without looking up to the 
Supreme Ruler of the universe, and imploring his blessing. 
May this territory be the residence of virtue and happiness. 
And in this city, may that piety and virtue, that wisdom 
and magnanimity, that constancy and self-government, 
which adorned the great character, whose name it bears, 
be forever held in veneration. Here, and throughout our 
country, may simple manners, pure morals, and true re- 
ligion flourish forever. 

" You will see this the capital of a great nation, which is 
advancing with unexampled rapidity, in arts, in commerce, 
in wealth, and in population ; and possessing within itself 
those energies, and resources, which, if not thrown away, 
or lamentably misdirected, will secure to it a long course of 
prosperity and self-government. 

" While our best endeavors for the preservation of har- 
mony with all nations will continue to be used, the expe- 
rience of the world, and our own experience also, admonish 
us of the insecurity of trusting too confidently to their suc- 
cess. We cannot, without committing a dangerous impru- 
dence, abandon those measures of self-protection, which are 
adapted to our situation, and to which, notwithstanding 
our pacific policy, the violence and injustice of others may 
compel us to resort. While our vast extent of seacoast, 
the commercial and agricultural habits of our people, the 
great capital they will continue to trust on the ocean, sug- 
gest the system of defence, which will be most beneficial to 
ourselves, our distance from Europe and our resources for 
maritime strength, will enable us to employ it with efiect. 
Seasonable and systematic arrangements, so far as our re- 
sources will justify, for a navy adapted to defensive war, 
and which, in case of necessity, may quickly be brought 



1800] ADAMS. 115 

into use, seem to he as much recommended by a wise and 
true economy, as hy a just regard for our future tranquiUty, 
for the safety of our shores, and for the protection of our 
property committed to the ocean. 

" The present navy of the United States, called suddenly 
into existence by a great national exigency, has raised us in 
our own esteem ; and by the protection afforded to our com- 
merce, has effected to the full extent of our expectations, 
the object for which it was created.* 

" In connection with a navy, ought to be contemplated 
the fortification of some of our principal seaports and har- 
bors. A variety of considerations, which will readily sug- 
gest themselves, urge an attention to this measure of pre- 
caution. To give security to our principal ports, consid- 
erable sums have already been expended, but the works re- 
main incomplete. 

" I observe, with much satisfaction, that the product of 
the revenue, during the present year, has been more con- 
siderable than during any former equal period f The re- 
sult affords conclusive evidence of the great resources of the 
country, and of the wisdom and efficiency of the measures, 
which have been adopted by Congress for the protection of 
commerce and the preservation of public credit. 

" As one of the grand community of nations, our atten- 
tion is irresistibly drawn to the important scenes which 
surround us. If they have exhibited an uncommon portion 
of calamity, it is the province of humanity to deplore, and 
of wisdom to avoid the causes which may have produced 
them. If turning our eyes homeward we find reason to re- 
joice at the prospect which presents itself; if we perceive 
the interior of our country prosperous, free, and happy ; if 
we enjoy in safety, under the protection of law, emanating 
from the general will, the fruits of our own labor, we ought 
to fortify and cling to those institutions, which have been 

* At this period, the naval estabhshment consisted of 5 large frigates, of 44 
guns each — 4 frigates of 36 guns — 2 frigates of 32 guns — 4 ships, carrying 24 
guns on main deck, and 8 on quarter deck — 8 sloops of war, of 20, or 22 guns 
— 3 do. of 18 guns — 2 of 16 guns — 5 of 12 or 14 guns — 33 in all — besides 17 
gallies. 

t By the exhibit of the Secretary of the Treasury, at close of year 1800, 
there was the sum of 3,000,000 dollars in treasury ; though part was of unex- 
pended appropriations. The expenses for 1801 , were estimated at five and half 
million dollars — 2,340,000 of it for navy department. For civil list $^600,000.— 
But for the navy, and the arming of merchantmen, (opposed by those not in 
favor of Adams's administration,) the revenue would not probably have been 
half the amount; yet his measures were represented as highly injurious by his 
political opponents. 



116 FEDERAL GOVERNMENT. [1800 

the source of so much real felicity, and resist, with imabating 
perseverance, the progress of those dangerous innovations, 
which may impair their salutary influence." 

The President gave Congress information, at this time, 
that a treaty had been made with the King of Prussia, 
solely and chiefly for conmiercial objects ; and that the pro- 
visional army had been disbanded, or reduced, as author- 
ized by the national legislature, at their preceding session. 
The most important acts of Congress at this meeting, held 
from November to the third of March, were the following — 
An additional law relating to the federal Judiciary, by which 
district circuit courts were established to be holden by Jus- 
tices different from the Justices of the Supreme Court, and the 
Judge of a District Court ; the circuits or districts to be six in 
number ; each to consist of several adjoining States, to con- 
sist of three Justices in each circuit or district ; and to have 
appellate jurisdiction in appeals from the District Courts, 
instead of appeals, as by the former law on the Judiciary, 
to a tribunal composed of a Justice of the Supreme Court 
and the District Judge ; which was considered not so favor- 
able to an independent decision, owing to the organization 
of that Court. The circuit courts established by the law 
were invested with all the powers before granted to the 
former circuit courts, composed as above stated. An act 
for a naval peace establishment, by which the President 
was empowered, when he should think it safe and proper, 
to sell the ships of the United States, except thirteen of the 
largest frigates ; that six of these be hauled up and dis- 
mantled; and the others retained in service, properly 
officered and manned, as he might direct. An act for con- 
tinuing the mint establishment in Philadelphia; and for 
directing the mode of estimating foreign coins ; for extend- 
ing routes for conveying the public mails ; and for erecting 
several new lighthouses on the seacoasts. 

The subject of erecting a mausoleum or monument to the 
memory of Washington, was frequently discussed in Con- 
gress during this session. A mausoleum was first pro- 
posed, but the expense was an objection with many ; it was, 
however, voted by the House of Representatives, to erect a 
mausoleum, and one hundred thousand dollars appropriated 
for the purpose ; but the Senate rejected the plan, and de- 
cided in favor of a monument, as it would be less expen- 
sive, and voted only fifty thousand dollars to complete it. 

Near the close of the year, 1800, Mr. Wolcott resigned 
the office of Secretary of the United States treasury, and 
left the national finances in a prosperous condition. He 



1800] ADAMS. 117 

requested an examination of his ofRcial conduct, while Sec- 
retary ; which was accordingly made by a committee of the 
Representatives, and found to have been entirely correct 
and faithful. Samuel Dexter, of Massachusetts, was ap- 
pointed to that responsible office, which he held about a 
year, when he voluntarily retired from its onerous duties. 
In 1800, John Marshall, of Virginia, was appointed Secretary 
of State, by Mr. Adams; and in February, 1801, the office 
of Chief Justice of the United States being vacant, he Avas 
selected for that high and important station. The feeble 
health of Mr. Ellsworth had induced him to resign some 
months before ; when John Jay, who was the first Chief 
Justice of the Supreme Court of the United States, was 
again appointed, but declined the office. The selection of 
Mr. Marshall was very judicious and fortunate ; for the 
purity and stability of that department of the federal gov- 
ernment was considered as the chief support for the main- 
tenance of justice, and a due interpretation and adminis- 
tration of the laws of the Union. 

The presidential election occupied the public mind, du- 
ring the whole year 1800. It was a subject of deep in- 
terest to all, and with many the occasion of great excite- 
ment. The candidates for that high office were President 
Adams, and Mr. Jefferson, then Vice President. Mr. 
Adams received the support of those who had approved of 
his leading measures for the four preceding years ; and 
very generally of those who were the political friends of 
Washington's administration. For though he adopted the 
pacific but magnanimous policy of that illustrious man, 
and received his approbation, while he lived, the conduct 
of Mr. Adams in instituting a new embassy to France in 
1799, was severely and bitterly censured by a few individ- 
uals of high standing in the federal party. They were re- 
spectable for their talents and patriotism; but they were 
too assuming, and aimed to exercise more influence than a 
few men ought to do, in a republican government. The 
majority of the citizens approved of the conduct of Pres- 
ident Adams, on this difficult occasion ; and probably, his 
rejection of the overture of the French rulers would have 
produced a fatal division in the United States ; and thrown 
the government into the hands of men entirely devoted to 
the views of revolutionary France. It is true, that not- 
withstanding this conciliating measure of the President, the 
federal administration was changed ; but his conduct, ap- 
proved as it was by a great portion of the people, served as 
a check on the policy of his successor, in restraining him 



lis . FEDERAL GOVERNMENT. [1801 

from the adoption of measures still more subservient to the 
will of the French government, than any which he publicly- 
pursued. Whatever were the secret views of Mr. Jefferson, 
he was too wise not to regard the wishes and opinions of 
the majority of his fellow citizens ; and whatever were his 
partialities for the French nation, would not designedly 
compromit the interests and honor of the United States. 
The election of Mr. Jefferson* was proof of a great change 
of sentiment in the people, within two years. At the close 
of 1798, or beginning of 1799, Mr. Adams would have had 
a large majority of the suffrages of the electors. But such 
is the instability and uncertainty of public opinion, es- 
pecially when gross misrepresentations are made, and the 
prejudices and passions of the people are addressed, rather 
than their understanding. 

By the prudent and pacific, yet firm and decided meas- 
ures of the federal government, for twelve years, the char- 
acter of the United States had become highly respectable 
among the greatest statesmen of Europe. Its policy ex- 
hibited a happy union of energy and magnanimity ; and it 
was respected alike for its wisdom and power. The nation 
was placed in a commanding attitude of defence, while liber- 
ty and peace and improvement were every where witnessed 
within its jurisdiction. Public credit had been fully estab- 
lished ; and able and faithful men had been selected for the 
public agents; men, whose patriotism had been proved by 
eight years service devoted to their country's welfare. 

* Mr. Jefferson and Aaron Burr had an equal number of votes for President 
and Vice President ; and tlie election of President devolved on the Repre- 
sentatives, as provided by the Constitution, in such case. More than thirty 
trials were had before a choice was made. The friends of the late adminis- 
tration generally supported Mr. Burr, believing him to be more in favor of the 
policy before pursued, especially on the subject of commerce. 



1801] JEFFERSON. II9 



CHAPTER VI. 

Mr. Jefferson elected President. His Professions and Opinions. Treaty with 
France Confirmed. Removals from Office for Political Sentiments. Naval 
Force. President unfriendly to it. Laws of 1801 — 1802. Repeal of 
Laws establishing Circuit Courts, and laying Excise and Internal Taxes. State 
of Public Finances. Purchase of Louisiana. Objections to the Measure. 
Disputes with England and Spain. Danger of Spanish War. 

Under President Jefferson, the heads of the great depart- 
ments of the government werechanged, nor was there any just 
reason to complain of this measure ; as they formed a part 
of his poUtical council ; and, as the chief executive officer 
of government, he had a perfect right to select his confi- 
dential friends and advisers. But, when afterwards, and 
within a few months, he removed -able and upright men 
from offices of a subordinate grade, his conduct was con- 
sidered improper and arbitrary, and as partaking somewhat 
of the right of prerogative, usually claimed and exercised 
by royal princes. The new administration professed 
to be governed by more democratic principles than the for- 
mer ; but it was denied, that its measures were more in ac- 
cordance with the Constitution, or more strictly republican. 
A large portion of the people were pleased, because they 
were flattered ; but no evidence appeared that they were 
benefitted by a change of rulers. Mr. Jefferson was not 
considered to have cordially approved of the federal Con- 
stitution ; and in some of his private letters he had ex- 
pressed the opinion, that the government it provided ap- 
proached too nearly to monarchy to receive his assent. 
When he took an oath to support the Constitution, no doubt 
he was sincere ; with the qualification, however, in all such 
cases understood, of giving it a construction for himself. 
And he never appeared averse from the exercise of power 
vested in the chief executive officer of the government. 
In some instances, his opponents believed he exceeded his 
legitimate authority ; as in the case of withholding com- 
missions from persons appointed by his predecessor, after 
being approved by the Senate, but which had not been 
issued from the State department at the time of his inau- 
guration ; and still more, in the purchase of a large terri- 



120 FEDERAL GOVERNIVIENT. [1801 

tory, not within the Hraits of the United States, without 
direct authority from the national legislature. In his inau- 
gural address, Mr. Jefferson said, " We have gained little, 
if we encourage a political intolerance as wicked as im- 
politic. We are all brethren of the same principles ; we are 
all republicans, and all federalists." Yet in less than fifty 
days, he removed fourteen federal officers, without any al- 
legation of unfaithfulness or inefficiency : on the plea 
indeed, that his predecessor had removed two public ofli- 
cers, on account of their political opinions ; and had ap- 
pointed none to office in the government but such as were 
of the same sentiments and vicAvs as the administration. 
"Few died, and none resigned," he said; and therefore, to 
equalize public offices between the two great political parties, 
it was necessary, in his opinion, to remove a part of those 
then employed, and to appoint others more friendly to the 
new administration. 

For a very few of the removals, there might have been 
sufficient or justifiable reasons offered ; but in most in- 
stances, the changes were made merely for political opin- 
ions, and these not at all affecting the real republican 
character of individuals. In some cases, the officers of the 
revolution were superseded by sons of Tory refugees. The 
chief recommendation to a candidate was his making court 
to and flattering the administration. The principle was 
essentially exclusive and intolerant ; and it served as a 
dangerous precedent to others, who might be in power at a 
future time, or over smaller portions of the Union. It was 
imitated, and probably furnished an apology for the gov- 
ernors of several States afterwards, in removing faithful 
public agents, of undoubted republican sentiments, and re- 
warding their zealous supporters, with the sj)oils of success- 
ful electioneering warfare. 

The treaty made with the French government, by Mr. 
Ellsworth and his associates, in 1800, and conditionally 
confirmed by the federal administration early in 1801, was 
sent to Paris soon after, by President Jefferson. There 
was some delay and hesitation on the part of the French 
rulers, in accepting the conditions and modifications pro- 
posed by the Senate of the United States. But it was con- 
firmed in the course of the year. The American govern- 
ment was released from the obligations of the treaty of al- 
liance with France of 1778, by which it had guaranteed 
the French possessions in the West Indies : and the non- 
fulfilment of which had been the only jnst cause of com- 
plaint against the federal government ; but indemnification 



1801] JEFFERSON. 121 

was not made for the extensive depredations on American 
commerce by the French vessels, any farther than by the 
way of a compromise, for giving up aUeged claims arising 
from the guarantee made in the treaty of 1778. 

Robert R. Livingston, of J:\e\v York, who had been chan- 
cellor of that State, was appointed Envoy to France, in 
1801, with full powers to negotiate on all subjects in dispute 
between that nation and the United States. He remained 
some time near the French government ; and was the min- 
ister who stipulated for the purchase of Louisiana, in 1802-3; 
an event of great importance to the United States, though 
at the time of doubtful validity arising from Constitutional 
principles. 

During the years 1800 and 1801, there was a misunder- 
standing between the commissioners of England and the 
United States, appointed to adjust the claims of citizens of 
the latter, under the treaty of 1794 ; and all proceedings re- 
lating to the subject were suspended for some time. But 
after due explanations, the business was again commenced, 
through the prudent and able influence of Mr. King ; then 
the American minister at the Court of London, and soon 
terminated to the satisfaction of the federal government, 
and of the merchants, who were particularly interested in 
the fulfilment of the terms of the treaty. The amount they 
awarded and received of the British government for spoli- 
ations on the commerce of the United States, in 1793 and 
1794, was very great; and must have convinced every im- 
partial and reasonable man, that the negotiation instituted 
by the federal administration in 1794, under Washington;, 
was far more wise and beneficial than war ; or non-inter- 
course, for which some strongly contended at that period. 

The President was accused not only of undue partiality 
in his appointments to office, but of arbitrary conduct in in- 
terfering with the due process of law. In the case of an 
individual, Duane, the publisher of a paper in Philadelphia, 
who was prosecuted for a libel on the Senate of the United 
States, which had been brought in the federal Court, under 
a law of Congress called the sedition law, the President 
ordered the attorney for government to discontinue the 
action ; and it was accordingly dismissed. This act of the 
executive was deemed to be an improper interference with 
the province of the judiciary ; though the prosecution was 
iechnically in the name of the President of the United 
States, it would have been more in the spirit of the Con- 
stitution, had it been in the name of the United States. 

In his message to Congress, at the beginning of the ses- 
16 



122 FEDERAL GOVERNMENT. [180 

sion, in December, 1801, the President observed, " That it 
was matter of congratulation, that the nations of Europe, 
with which we were most connected, were disposed to 
peace, and that commerce was, in a great measure, reheved 
from former embarrassments and interruptions; that we 
were bound, with peculiar gratitude, to be thankful that our 
peace had been preserved through a perilous season." And 
he spoke of the United States as the "unoffending friends of 
France." " The Indian tribes on our borders," he said, 
"manifested a pacific and friendly spirit, and it would be 
the aim of government to preserve their good will, and to 
seek their welfare, by efforts to introduce among them the 
arts of civilized life, and the pursuits of agriculture." He 
referred to the unreasonable demands of Tripoli^ one of the 
Barbary States, and his direction of a naval force to the 
Mediterranean, to prevent that power from depredating on 
the American commerce. He suggested, that the increase 
of revenue from imposts, as the population extended, would 
probably be such, as to render it safe to dispense with in- 
ternal taxes and excises ; that, if our peace was not inter- 
rupted, the receipts of the former description would be suf- 
ficient to meet the ordinary expenses of government, and to 
pay the interest and the instalments, authorized by law, 
on the public debt. And that should war occur, it might 
be necessary to resort again to internal taxation. He sup- 
posed that a small naval force only would be necessary in 
future; and that the building of any more ships of war 
might safely be postponed. 

The President referred in this speech to the judicial de- 
partment of the government ; particularly to the law passed 
at the previous session, for establishing circuit courts, and 
the appointment of so many justices to hold them. He 
clearly intimated the opinion that the circuit Judges were 
unnecessary, and that the district and circuit courts, as 
before established, were sufficient for the business oi the 
country. 

An opinion generally prevailed, at this time and after- 
wards, that Mr. Jefferson was not in favor of the indepen- 
dence of the Judiciary department ; but that the Judges 
should be more under the control of the legislative branch 
of the government; and in some cases even of the execu- 
tive department. His orders sometimes clashed with the 
decisions of the federal Courts, and he was inclined to in- 
terfere with, if not to disregard, their judgment. He was 
in favor of appointments and removals of the Judges, as 
well as of other public officers and agents. For, he con- 



1801] JEFFERSON. 123 

tended, they should be of the same political views with 
the majority ; and when, therefore, there was a change of 
administration, and of the popular branch of the legislature, 
that the Court should be composed of men of similar opin- 
ions. This was truly alarming to the friends of a stable 
republican government, who had always contended for the 
independence of the Judiciary, as well of the Legislative as 
of the Executive department. For, with such a tenure of 
office, as was proposed by Mr. Jefferson and his political 
friends, the judges would cease to be entirely impartial, 
and superior to all political biasses, in their decisions ; and 
would probably be in some measure under the influence of 
the predominant party in the government. 

The law establishing the Circuit Courts of the United 
States, to be holden by Justices not of the Supreme and 
District Courts, was repealed soon after Mr. Jefferson came 
into office. The Circuit Courts might be dispensed with, 
without much inconvenience to the public, at the time, as 
the business of the federal Courts was then comparatively 
small. Still, an act repealing any part of the Judiciary 
system was considered ominous to the real independence 
of the Judicial department. But as the Supreme Court of 
the United States was not attacked, and only its decisions 
in some cases connected with the Executive department 
opposed or disapproved, the friends of the judiciary rejoiced 
that no farther innovations were made in that branch of the 
federal government. 

The law on the subject of naturalization he recommended 
should be modified, so that foreigners, coming with a bona 
fide intention to settle in the United States, should be ad- 
mitted to the rights and privileges of citizens, in less time 
than the existing law required ; while he acknowledged, 
that the Constitution had wisely provided a long time to 
render them eligible to public oflice in the government. 

This was a new Congress, and the majority were of the 
same political views as the President.* The most imports 
ant laws which were passed at the first session of Congress 
holden after Mr. Jefferson was chosen President, besides 
the act for repealing the law of the previous session, organ.- 

* The report made at this session by the commissioners of the sinking fund, 
appointed several years before, stated that 14,738,367 dollars of stock had been 
redeemed, that there was in the hands of the Treasurer, 449,069 dollars, sub- 
ject to the disposal of the Commissioners ; which, with the growing resources 
of that fund, would be sufficient to meet the 7th instalment of the 6 per cent, 
stock, the 1st instalment of the deferred stock, and the 10th of a loan then saofl 
becoming due. 



124 FEDERAL GOVERNMENT. [1801 

izing the Circuit Courts, were for the apportionment of fed- 
eral Representatives in the several States, according to the 
second census, then recently taken, which fixed the ratio 
at one Representative for 33,000 inliabitants : the whole 
number of inhabitants being then over five milhous, — for 
protecting the commerce and seamen of the United States 
against the Tripolitan cruisers, which had then very fre- 
quently captured American vessels — for fixing the mihtary 
peace establishment ; which provided for the continuance 
only of one regiment of artillerists, two regiments of in- 
fantry, and a corps of engineers, to be stationed at West 
Point, on Hudson river, in the State of New York, and to 
constitute a military academy — for regulating trade and 
intercourse with the Indian tribes, and for the preservation 
of peace on the western frontiers; in which provision was 
made for ascertaining the bouudary line, before established 
by treaty, between the United States and the various Indiaa 
nations in the west and northwest : the provisions for 
maintaining a friendly intercourse Avith the natives were 
similar to those contained in former laws on the subject : — 
for discontinuing the several acts laying internal taxes on 
stills, distilled spirits, refined sugars, carriages, stamped 
paper, and licenses to retailers, and for sales at auction — 
for establishing a uniform system of naturalization, and re- 
pealing former laws on that subject — for redeeming the 
public debt ; by which it was provided to appropriate an- 
nually seven millions and tliree hundred thousand dollars, 
to the sinking fund — for authorizing the people of the eastern 
division of the territory northwest of the Ohio river, (Indi- 
ana,) to form a Constitution and State government, and for 
admitting them into the federal Union — and for establishing 
new routes for conveying the mail and the security thereof 
The most warmly contested of these laws was that for 
repealing the act of the preceding session of Congress, es- 
tablishing district circuit courts. That law was strongly 
opposed on its passage twelve months before ; and was 
passed by only a small majority. But those who were in 
favor of the law considered it important, in rendering the 
Judiciary as perfect as possible ; and they therefore opposed 
its repeal. They also were apprehensive, that if one part 
or branch of the Judiciary should be annulled ; it would 
serve as a precedent for setting aside the whole ; or of so 
altering it, as to affect its independence. They looked upon 
the Jiidiciary as more sacred than any other department of 
the government ; and were averse to all innovations touch- 
ing its authority or jurisdiction. Very able speeches were 



ISOl] JEFFERSON. 125 

made by several members, who had been active in its 
adoption, against the repeal : that of Mr. Bayard, of Dela- 
ware, was the most celebrated. 

The act for repealing a former law laying an excise on 
distilled spirits within the United States, on pleasure car- 
riages, and on refined sugars, was opposed on the ground 
of the articles being luxuries, and therefore, more proper to 
be taxed, than articles in constant use by the lower classes 
of people, such as bohea tea, brown sugar, molasses, and salt. 
The latter were continued without any reduction, and were 
paid chiefly by the laboring classes of the people. An 
elfort was made for discontinuing the mint establishment, 
but it did not succeed ; the majority in Congress being in 
favor of further trial of the benefits of the system. The 
objection made against the establishment, was the great ex- 
pense attending it. A member stated, that every cent coined 
at the mint, cost the government half a dollar. But this 
was meant probably for a figure of speech, though the ex- 
penses were, indeed, very great; without a corresponding ben- 
efit. A bill was passed in the House of Representatives for 
discontinuing the mint ; but the Senate did not concur in it. 

The act to provide for the redemption of the public debt 
could scarcely be said to justify the title ; the reduction or 
redemption was only nominal. Some former loans were 
proposed to be paid, indeed, but by new loans entirely ; 
and the reduction was only in theory and on paper. Nor 
could it be otherwise, as the interest, added to the usual 
expenses for the support of government, was fully equal to 
the receipts into the treasury for the year 1802, according 
to the estimate of the Treasury department ; and the inter- 
nal tax, or excise law, was repealed. In 1801, two millions 
and a quarter of the national debt had been paid, agreeable to 
a previous law of Congress, and the abundant revenue which 
accrued from the former taxes and imposts. In January, 
1802, the whole public debt was seventy-eight millions ; 
the receipts for 1801, amounted to twelve millions ; and the 
appropriations for civil list and other expenses, for 1802, 
were 1^13,250,000.* 

A proposition was made at this session of Congress for 
abolishing the navy department, and placing the naval con- 
cerns under the direction of the Secretary of War ; but it 
did not receive the approbation of the majority. Several 



* The report of the Secretary of the Treasury stated that the accounts of the 
former Secretary of that department, and also of the State, War, and Navy 
departments, were all correct, and no delhiquencies. 



126 FEDERAL GOVERNMENT. [1802 

members of the national legislature were, at that time, op- 
posed to a naval force ; some on account of the expense, 
and some from a belief that the United States could not ex- 
pect to dispute the dominion of the sea, with either England 
or France. The President, also, had always discovered a 
great reluctance to any augmentation of that branch of na- 
tional defence. And his influence was very great with the 
majority of the federal legislature at that time. 

The opposition to the measures of the present Congress 
and administration, by those who had supported the pohcy 
of the past, was, in some instances, as great as that which 
had been made by those now in power to their predeces- 
sors. Both as to theoretic views and actual measures, 
there was no inconsiderable difference. There was a 
change of policy, on some important subjects ; and some 
called it a revolution. It might well be said to be a new 
dynasty. The people were amused with strong professions 
of regard, and with unwonted assurances of a desire to 
consult their wishes ; and yet the exercise of power in the 
executive was carried to an equal extent, in some cases to 
a greater, than by the former administration. The repeal 
of the excise, however, and the disbanding of the provision- 
al army — though the latter was ordered by the preceding 
Congress — operated to a diminution of taxes, which all had 
felt.* It appeared to be the policy of the ruling party to 
attach odium to their opponents for several measures they 
had adopted, and to have it believed they were more anx- 
ious to secure the liberty, and to lessen the burthens of the 
people. But generally the course pursued by former ad- 
ministrations was still followed ; having received the test 
of experience in favor of its wisdom, its efficiency, and its 
adaptation to the character and condition of the people. 

In the message of the President to the national legislature, 
in December, 1802, there were no changes in the general 
policy of the administration proposed, and no new system of 

* Soon after President Adams retired from public office, in 1801, in a reply 
to a respectful and affectionate address from the citizens of his native town, he 
said, " Some measures, during my administration, were the effect of imperious 
necessity, much against my inclinations. Others were the measures of the 
legislature, which though approved when passed, were not previously pro- 
posed by me. Some, left to my discretion, were never executed, as no neces- 
sity for them, in my opinion, ever occurred. And I will only add, that we were 
emancipated from two burthensome yokes, the old French treaty of alliance, 
and the consular convention, which were grievous to us, and would have been 
intolerable to our children. The government, in future, unshackled with posi- 
tive stipulations, will have only to consider its foreign powers by the law of na- 
tions, and to estimate her interest by an honest and impartial policy." 



1802] JEFFERSON. 127 

revenue suggested ; but a recommendation to economy in 
public expenditures, with a view to a gradual redemption 
of the national debt ; and a reference to the general pros- 
perity and increase of the nation. Some of the Barbary 
Powers continued to make depredations on the American 
commerce, and several vessels had been captured by pirat- 
ical corsairs from Algiers and Tripoli. A naval force, 
therefore, designed for the protection of the vessels of the 
United States, had been employed in the Mediterranean ; 
and had restrained, in a great measure, the injuries which 
would probably otherwise have been committed. A part 
of the navy had been unemployed ; and it was recom- 
mended to Congress, rather to devise a plan to preserve the 
timber collected for constructing additional ships of war, 
than to expend money, at that time, to build more. It ap- 
peared by the report of the Secretary of the Treasury, that 
upwards of five millions of the national debt had been paid 
off during the year, and that the amount of revenue for 
the same time, had exceeded that of any former year. 
Commercial enterprise had revived after the treaty made 
with France, in 1801 ; and a great measure of prosperity 
had resulted from the trade and navigation of the country. 

Some severe censures were at this time published against 
Mr. Jefferson , relating, however, rather to his personal, 
than his ofhcial conduct ; in the favor and patronage be- 
stowed on individuals, who had been great revilers of his 
predecessors ; and particularly for inviting Thomas Paine, 
of notorious memory, and then of little esteem in America, to 
come to the United States, in a public ship, and to reside in the 
country. As a private or personal act, it might have only 
shown want of self-respect, or of little sensibility to the 
memory of Washington, whom Paine had grossly abused ; 
but as the invitation was given, when he was President, 
and a national vessel prepared to convey such a character 
to America, it was considered highly improper.* 

The most important laws which were passed at the ses- 
sion of Congress, from December, 1802, to March, 1803, 



* The political writings of Paine, at the commencement of the American 
revolution, had some influence in arousing the people to a just sense of their 
rights. But his conduct afterwards received the censure of Congress ; and he 
went to Europe. He became a sof, an open, and shameless reviler of Chris- 
tianity, and a gross outrageous libeller of Washington and Adams. It was 
highly indecorous and reprehensible in the chief magistrate of the United 
States to invite such a character to come to the country in a public vessel, to 
take up his abode here, and to continue his useful labors, which then consist- 
ed chiefly of libellous, vulgar, and blasphemous publications. 



128 FEDERAL GOVERNMENT. [1802 

were the two following : prohibiting the importation of ne- 
groes, mulattoes, or other persons of color, (not a native 
citizen, or registered seaman of the United States, or sea- 
men, natives of countries beyond the cape of Good Hope,) 
into any port of the United States, within a State, which 
did not allow the admission of any such negro, mulatto, 
or person of color : and the penalty was one thousand 
dollars fine. The vessel in which such negro, or mulatto, 
should be imported, was also debarred entry. The time 
had not arrived, when the importation of slaves by the 
Constitution was prohibited ; but some of the States did 
not allow of such importation, and Congress passed a law 
on the subject, to prevent those persons, in other States, 
which did not forbid it, from bringing them into the States 
which prohibited the traffic ; because, while the national 
legislature was silent on the subject, it was pretended that 
the citizens of one State might import negroes into another, 
spite of a State law against it. The other law of Congress, 
at this time of general interest, was that which authorized 
the President to order eighty thousand of the militia to be 
detached in the States, and to call on the Governors of the 
several States to detach their respective quotas accordingly. 
The militia so detached, were to be officered in the usual 
manner of the militia, and agreeably to the laws of each 
State. 

The apprehension of a war with Spain, at that period, 
dictated this measure of precaution. There had then been 
a dispute with the Spanish government for some time, re- 
lating to the southwestern boundary line of the United 
States, and difficulties had often arisen between the people 
on that frontier, and the inhabitants of the Spanish territo- 
ry. Before this period, however, although not early known 
in the United States, Spain had ceded her possessions on 
the Mississippi to France ; and, in 1803, the French gov- 
ernment sold the same to the United States, for eleven mil- 
lions of dollars. This was a secret transaction, at first, 
wholly unknown to the Senate of the United States, and of 
which only the President and his minister, at the French 
Court, seemed to have had cognizance. The French rulers 
wanted money ; and besides, they intimated some threats 
towards the United States of their displeasure, unless it 
should be granted. They offered the extensive territory, 
which they had then recently obtained of Spain, and which 
was of little benefit to them at that time. The President 
believed it would be of great advantage to the United 
States to possess the territory, and thus to have the entire 



1803] JEFFERSON. 129 

use of the Mississippi river. He had doubts, however, as 
afterwards appeared, whether such a purchase did not ex- 
ceed his constitutional powers. But he referred the treaty 
to the Senate ; and, with their consent, gave his confirma- 
tion to the bargain. The purchase of Louisiana from France, 
was long a topic of dispute between the friends and oppo- 
nents of the administration. The former represented the 
acquisition of such an extensive territory, especially as it 
included the Mississippi river, the great outlet for the pro- 
duce of the western States, of vast advantage to the nation, 
and as a cheap purchase, in a pecuniary view ; and while 
they admitted the measure to be a stretch of power beyond 
the letter of the Constitution, they justified and commended 
it, for the very great benefit it would be to the Union : as 
it would secure a large tract of country favorable to the 
growth of articles wanted in other parts of the United 
States, and which were then imported from the West 
Indies. 

The principal objections made to this measure were 
two — one, that the territory of the United States was al- 
ready abundantly sufficient for one government of a repub- 
lican character, and that there were immense tracts of wild 
lands to be filled up, in the northwest part of the country. 
A very extensive territory it was said would endanger the 
republic, and might require a strong arm, probably a mili- 
tary force, to preserve order and peace. But the greatest 
objection grew out of the supposed unconstitutionality of 
the measure ; and that if the provisions and plain meaning 
of that compact were violated or disregarded, it would prove 
a most injurious precedent. The government might as 
well purchase Canada and Nova Scotia, or Mexico, or the 
island of Cuba. It was contended, that when the Consti- 
tution provided for the admission of new States into the 
Union, it had pointed out in what cases such States should 
be received : that large States might be divided, on the 
consent both of Congress and the old State proposed to be 
so divided ; and that new States might be formed in the 
northwest territory, then being within the limits of the 
United States. There were probably some party preju- 
dices operating to produce or reiterate these objections, and 
to represent the act as at once arbitrary and unconstitu- 
tional. And yet there was certainly much force in the 
arguments offered to prevent Congress from giving effect to 
the bargain made by the treaty. The objections were 
made by members of undoubted patriotism, and of republi- 
can principles ; and with them, the advantage of such a- 
17 



130 FEDERAL GOVERNMENT. [1803 

purchase was of less weight, than an adherance to a just 
construction of the Constitution.* 

When Congress adjourned in March, 1803, an Act was 
passed fixing on the first Monday in November for the 
next meeting ; but the President called them together in 
October ; with a view to provide for taking possession and 
governing the newly-acquired territory of Louisiana ; and 
when Congress convened, he informed them of the ratifica- 
tion of the treaty with the French government, which 
transferred and ceded that territory to the United States. 
An Act of the national legislature was passed, within four- 
teen days of assembling, making legal provision for the 
occupation and temporary government of the territory, 
under the authority of the President ; and for appropriating 
the sum of eleven millions f as the purchase money. 

Very different views now prevailed with a portion of 
Congress from those expressed on the question of making 
provision for giving effect to the treaty with England 
in 1794, There were objections made to the measure, as 
already intimated, by some members ; but those who ob- 
jected to the appropriations, in the case of the British 
treaty, with their friends, now a large majority in Con- 
gress, were ready at once to pass a law for the payment 
of the sum stipulated, and for all other expenses attending 
the occupation, as well as for giving entire authority to the 
President to appoint all the officers for the government of 
the territory. The purchase included all lands on " the 
east side of the Mississippi river, not then belonging to the 
United States, as far as the great chain of mountains which 
divide the waters running into the Pacific and those falling 
into the Atlantic ocean; and from said chain of mountains 
to the Pacific ocean, between the territory claimed by 
Great Britain, on one side, and by Spain on the other." 

At an early day of the session, it was proposed to alter 
the Constitution of the United States, as to the election of 
President and Vice President, so as to designate which 
person was voted for as President, and which for Vice 
President ; instead of the original article, which required 
the electors to vote for two persons, for these offices, and 
the one who had the highest number to be President. At 
the last presidential election, the votes being equal for two 

* Mr. Q,uincy, of Massachusetts, was one of those who considered the 
measure unconstitutional, and as a dangerous precedent. Many others had 
similar views. 

t The whole cost, however, was fifteen millions; and loans were ordered 
to make payment. 



1803] JEFFERSON. 131 

persons, it devolved on the Representatives in Congress, 
according to the Constitution, to elect one of these for Pres- 
ident; when a great excitement arose, and much bitterness 
of spirit was manifested, which did not soon subside. The 
proposition was opposed as an unwise departure from the 
spirit and design of the Constitution; which was, that two 
persons fully qualified for the office of chief magistrate 
should be voted for, without a specific and exclusive desig- 
nation of one to the presidency; and thus in case of the 
death of one, the other who would succeed, till the period 
of another election, would be equal to the discharge of the 
high trust. The two persons voted for in 1788, Washington 
and Adams, were entirely qualified for the station ; and so 
it Avas supposed also in 1800, when Adams and Pinckney 
were the candidates by one party ; and Jefferson and 
Burr by the other. But such a mode or rule of election 
had hazarded the choice of JVIr. Jefierson, who was the 
person intended to be President, by those who voted for 
the ticket with his name and that of Mr. Burr. And his 
political friends were resolved to prevent the recurrence of 
a similar difficulty. Other reasons were, indeed, offered 
for this alteration in the Constitution ; and it was urged 
that it was more simple, direct, and proper, to designate 
which candidate was intended to be President by the votes 
of the electors. 

The objections were, that the Constitution was too sacred 
to be altered for slight reasons and purposes — that the ob- 
ject of the alteration was merely to gratify an individual 
and his political friends, and not to promote the welfare or 
to secure the liberty of the people — and that the original 
article was the result of long and impartial deliberation in 
the Convention which framed the Constitution ; and was 
believed would most certainly secure the election of two 
able individuals for the two highest offices in the govern- 
ment ; while it provided for an able and suitable successor 
to the President, in the event of his death. It was also 
proposed to limit the presidency in the same citizen, to two 
terms of four years; but this did not prevail. 

The proposed alteration of the Constitution having been 
agreed to by two thirds of the members of both branches 
of the federal legislature, it was communicated to the legis- 
latures of the several States for their consideration. And 
within the year, two thirds of the State legislatures,* the 
proportion, required by the Constitution, for making an 

* Thirteen States were in favor. 



132 FEDERAL GOVERNMENT. [1803 

alteration in any part or article of that instrument, declared 
their assent to it. Massachusetts, Delaware, and Connec- 
ticut, did not approve of the change. A motion was re- 
peatedly made at this session of the national legislature for 
disallowing the balances in favor of certain States, which 
had claims on the federal government for advances in the 
war of the revolution, exceeding their proportion. The 
members from several States were in favor of the measure, 
and voted for a bill to be prepared for the purpose. But it 
was so manifestly unjust, that a majority could not be ob- 
tained for it. It was not a party question ; and several 
who usually supported the measures of the administration 
were opposed to it. But all who favored the proposition 
were the political friends of the executive. 

During this meeting of Congress, the salaries of the chief 
officers of the government, excepting the Judges, were 
raised nearly twenty per cent. This was the more surpris- 
ing, as one great complaint against the former administra- 
tion, and its friends, was allowing extravagant salaries. 
Additional duties were also imposed by Congress, in March, 
1804 : The plea for which was the expense of the naval ar- 
mament then maintained in the Mediterranean, as a neces- 
sary protection to the vessels of the United States, then ex- 
posed to the attacks of the Tripolitan cruisers. A naval force 
was justly kept up in that sea, and proved of great use. 
The armed ships of that power committed as great injuries 
on American commerce, as if open war had been declared. 
And the United States navy in that quarter, though small, 
was of great benefit ; and several of the naval commanders 
there conducted with uncommon bravery and efi'ect. The 
President was authorized to lit out two sloops of war to be 
added to the naval force then in the Mediterranean. 

An additional law was passed during this meeting of 
Congress, on the subject of naturalizing aliens and for- 
eigners; and the time was lessened, requiring a certain 
period of their residence in the United States previously to 
their being admitted to all the rights of citizens. This 
alteration was opposed by those members who had sup- 
ported the measures of the former administration. It was 
deemed unreasonable to admit native foreigners to all the 
rights of those born and educated in the United States, 
until they had resided several years in the country, while 
they were readily allowed protection, and equal justice. 
In March, 1804, an additional law was passed, for the 
government of the territory called Louisiana, find annexed 
to the United States, by purchase, the year before ; by 



1804] JEFFERSON. 133 

which two separate governments were established, to be 
organized as the President might direct. 

During this session of Congress, the Judge of the District 
Court of the United for the District of New Hampshire, 
was formally impeached of high crimes and misdemeanors, 
before the Senate, by the House of Representatives. He 
was duly summoned to appear before the Senate, the con- 
stitutional tribunal, to answer to the charges brought 
against him. But his health was too feeble to permit him 
to proceed to the seat of the federal government. Counsel 
however appeared in his behalf, and alleged occasional in- 
sanity, as the cause of any improper conduct which could 
be justly charged upon him. Very respectable witnesses 
appeared to show the fact ; but it appeared that he was 
occasionally intoxicated, in consequence of insanity, as his 
counsel alleged. The prosecution proceeded, notwith- 
standing; and he was solemnly declared guilty of the 
charges brought against him, and was dismissed from his 
office. The evidence showed his unfitness for conducting 
the business of the Court, and it was proper to remove 
him ; but the sentence was considered severe, and an un- 
necessary reproach on his character. At the same time, it 
was decided by the House of Representatives to prepare 
articles of impeachment against Judge Chase, of Maryland, 
of the Supreme Court, and against Judge Peters, of Penn- 
sylvania, of the District Court, of the United States : and 
a Committee was appointed to draw up the articles in form. 
But Congress soon after adjourned, and the subject was, 
therefore, postponed to the next session. 

These proceedings were alarming to the friends of an 
independent judiciary ; as it indicated a disposition in the 
majority to search for occasions to lessen the character of 
the Judges, and render them odious to the people. In the 
impeachment of Judge Peters, of Pennsylvania, the charge 
was of arbitrary and illegal conduct, in the trial of a per- 
son indicted for treason, who had committed overt acts of 
opposition to the license laws in that State. The facts al- 
leged were fully proved ; and his conduct was found to 
have been such as justly to require exemplary punishment. 
The Judge overruled several motions made by the counsel 
for the respondent ; and for this he was charged with un- 
due severity and injustice.* The charges against Judge 
Chase, of the Supreme Court, were for similar oppressive 

* The intended impeachment of Judge Peters, was not further prosecuted. 
It was concluded to direct all exertions against Judge Chase. 



134 FEDERAL GOVERNMENT. [1804 

and arbitrary conduct in the same case, when he was the 
presiding Justice ; and for his behavior, as presiding Judge 
of a Circuit Court in Virginia, for the trial of a person ac- 
cused of a violation of the Sedition Act. It was alleged, 
that the Judge conducted with great partially, and dis- 
covered party feelings; and thereby had prostituted his 
office, from personal malignity or political prejudices. 
He was also accused of discussing political subjects in his 
charges to the Grand Jury in Maryland, and of reflecting 
on the policy of the government, in a manner not proper 
for a member of the Judiciary. The trial, at the next ses- 
sion, before the Senate, on this impeachment, after a full 
hearing of the case, which continued several days, resulted 
in the acquittal of the Judge. On most of the articles of 
charge, the majority of the Senate decided that he was not 
guilty. On three of the charges there was a majority of 
two who voted that he was guilty ; but this was not a 
constitutional majority, and he was honorably discharged. 
Honorably because it was apparent to every impartial en- 
quirer, that he had conducted with impartiality, with fair- 
ness, and with all proper lenity and indulgence ; and that 
whatever of prejudice or improper bias there might be in 
the case, it was to be found in those who commenced and 
supported the prosecution. They were displeased, that he 
did not disregard law and justice to favor the wishes of 
those in power. Two of the members of the House of 
Representatives, who appeared most zealous in the prose- 
cution, immediately after the acquittal of Judge Chase, 
proposed the following amendments to the Constitution, 
viz: " That the President be authorized to remove a Judge, 
on an address of the two Houses of Congress — and a State 
to recall a Senator when it should choose." 

There had now been a dispute with Spain, for some 
time, with reference to claims to territory on the Mis- 
sissippi ; and a Minister had been deputed to that Court 
to adjust the difficulties arising from such misunderstand- 
ing, but without full success ; though the Spanish govern- 
ment professed friendly views towards the United States. 
The cession of Louisiana to the United States by France, 
which had shortly before received the territory from Spain, 
served to increase the obstacles to the preservation of peace 
between the two nations. The American administration 
claimed West Florida, as a part of the ceded territory ; but 
the Spanish government denied the justice of such a claim. 
After numerous attempts to adjust the difliculty, and the 
manifestation of unfriendly designs towards the United 



1804] JEFFERSON. 135 

States, the American Envoy demanded his passport, and 
left Spain in August, 1804. In the meantime the President 
had refrained from taking possession or exercising jurisdic- 
tion of that part of the territory, which Spain denied had 
been ceded to France, and which France could not there- 
fore rightfully transfer to the United States ; the Spanish 
government was thus apparently reconciled, and war pre- 
vented between the two nations. The Spanish monarch, how- 
ever, relinquished his claims to the territory soon after, but 
with no little reluctance ; and he was then so much under 
the influence of the French government, that new difficul- 
ties arose in making a treaty with the United States on 
the subject. A large portion of the American people were 
in favor of a war with Spain, at this period, on account of 
a refusal to yield the territory purchased of France, and 
for numerous spoliations on the commerce of the United 
States. But pacific councils prevailed ; and forbearance 
eventually secured all the benefits for which a war was 
proposed, without its expenses and evils. A treaty was. 
soon after made with Spain, called " a treaty of friendship, 
limits, and navigation ;" in which the bounds of Louisiana 
were more accurately defined, and containing stipulations 
for indemnity for spoliations on American commerce. 

The revenue for 1804, amounted to seventeen millions, 
and the expenditures to twelve and half millions ; and in 
four years, thirteen millions of the public debt, including 
interest, had been paid : but a larger sum than that had 
been borrowed to meet the purchase money for the territory 
of Louisiana ; and the Mediterranean fund was continued, 
to meet the expenses of the naval armament kept up, to 
check the Barbary power. For the defence and security 
of the seaports and harbors, it was recommended by the 
President, that more gun-boats than were authorized in 
February, 1803, be built, as they would be less expensive 
than larger armed vessels, — could be kept without men, 
when not in actual service, and might be manned, at short 
notice, by the militia in the vicinity. This was an inno- 
vation in the system of naval armaments, which many 
believed would prove inefficient, both on account of the 
small tonnage of the boats, and of manning them by the 
militia, instead of experienced seamen. On these subjects, 
as well as on some others, which were before Congress at 
the two former sessions, there was far less of free and in- 
dependent discussion, than had been witnessed in the 
House of Representatives previously to 1802. The objec- 
tions made to several propositions, which the majority of- 



^ 



136 FEDERAL GOVERNMENT. [1804 

fered, were seldom met by proper argument, but were 
merely voted down by numbers. It appeared that on the 
most important subjects, the course to be adopted by the 
majority, was agreed upon at meetings previously held in 
private. The vote was often thus obtained by party feel- 
ings and pledges, rather than according to sound reason, 
or personal conviction. It may be impossible entirely to 
suppress the influence arising from political parties ; but 
it would often have far less effect, if there were an inde- 
pendent and manly course pursued, according to the argu- 
ments and views presented by free discussion. 



1805] JEFFERSON. I37 



CHAPTER VII. 

Mr. Jefferson's Second Election. Aliens. Difficulties with Spain and with 
Great Britain, continued. Charges against Colonel Burr. His Trial. Chief 
Justice Marshall accused of Partiality. Attack on Chesapeake. Impress- 
ments. Special Envoy from England. Disputes with France. Conduct of 
Buonaparte. Embargo. Objections to Embargo, as it was Unlimited, and 
Injurious to Commerce. Supposed French Influence. British Orders in 
Council. Difficulty of avoiding the Displeasure of those Nations. Com- 
plaints against the President, for Partiality to France. 

Mr. Jefferson was re-elected President, in March, 1805, 
for another term of four years. And George Chnton, some 
time Governor of the State of New York, was chosen Vice 
President, in the place of Mr. Burr, who was not supported 
by either party.* The majority for Mr. Jefferson was very 
large, being one hundred and sixty-two votes in one hun- 
dred and seventy-six. But the change in public opinion 
was not so great as this single fact might seem to indicate. 
In the House of Representatives, the majority in support 
of the administration was as seventy-five to forty : In the 
Senate it was not so great. The prosecution of Judge 
Chase alarmed many, and the administration lost some 
supporters by the measure. The aversion of the President 
to a navy, which many believed, was another considera- 
tion with a portion of the people for not generally support- 
ing his policy. Had a more efficient naval force been or- 
dered into the Mediterranean, it would have enabled the 
brave and gallant officers of the American squadron there, 
to have whoUy suppressed the Barbary cruisers. They 
behaved with great spirit and resolution, and eifected all 
the benefits which could be expected of them.f 

It is not surprising, perhaps, that they who had approved 
of the general policy pursued for the twelve first years of 
the federal government, should oppose many of the leading 
measures adopted by those now in power. The latter had 

* The friends of Mr. Jefferson considered Burr as the rival of their favorite 
candidate ; and the political opponents of Mr. Jefferson became dissatisfied 
with his conduct on various accounts; especially with his treatment of General 
Alexander Hamilton, whom he had challenged and killed in a duel. 

t Among the most distinguished of these were Preble, Decatur, Somers, 
Stewart, Chauncy, Hull, and Morris. 

18 



138 FEDERAL GOVERNMENT, [1805 

condemned the proceedings of the two former Administra- 
tions, and entered on a course of poUcy very different, in 
many respects, from that before pursued. To attempt to 
detect the real motives and views of the leading characters 
of either party, might be alike uncandid and unavailing. 
Great men often differ in opinion, and are equally honest ; 
and yet candor does not require that all men be estimated 
alike for their good intentions, or upright principles. Nor 
does the ephemeral popularity, which some public charac- 
ters enjoy, afford a just criterion of their patriotism or moral 
worth. In all such cases, the people must determine in 
whom they v/ill repose confidence ; and if a full develop- 
ment of character does not justify their high estimation, 
they must suffer the unhappy consequences of self-delusion. 
At the session of Congress, which closed on the third of 
March, 1805, two important laws were passed, intended to 
prevent the hostile and predatory acts of persons on board 
of foreign vessels in the harbors and ports of the United 
States, or in the waters within their jurisdiction ; and to 
regulate the clearance of armed American merchant vessels. 
By the former, persons were liable to be arrested, on war- 
rant from any Judge or Justice of a Court of the United 
States; who was authorized, if necessary, to call on the 
militia in the vicinity to assist the marshal in the execution 
of his duty, in serving the warrant wherever the offender 
might be. The offences enumerated in the law were trea- 
son, felony, misprision of treason or of felony, and misde- 
meanors, as breach of the peace or of the revenue laws of 
the United States. The latter prescribed the mode and 
form of clearing merchant vessels of the United States, 
which were to be armed on their voyages ; requiring a bond 
to be given, both by the owners and masters, that the arms 
on board said vessel should not be used for any unlawful 
purposes, but merely for resistance and defence, if attacked ; 
and that the guns and arms belonging to the vessel should 
not be sold in the West Indies, &c. These were prudential 
measures, designed to maintain the neutral character of the 
United States ; to prevent unnecessary attacks by American 
armed merchantmen, on British, French, or Spanish vessels ; 
and to check the insolence of the commanders of foreign 
armed ships, on the coasts, towards the vessels of the 
United States. Events had then previously occurred, 
which rendered these laws wise and proper. Safety required 
the merchantmen to be armed, — but sometimes the masters 
had made unwarrantable and unnecessary attacks on the 
vessels of other nations. 



1805] JEFFERSON. 139 

The favor shown to foreigners by the new natnrahzation 
law, and other marks of encouragement, were inducements 
to the natives of Europe to immigrate to the United States, 
and here take up their permanent residence. And many of 
these were of the less worthy class of the population of the 
countries from which they came. They were the discon- 
tented, the unstable, the indolent, and such as had imbibed 
revolutionary or visionary principles : though there were 
some honorable exceptions. They had not just notions of 
a republican government, such as were maintained in most 
of the States, Their sentiments concerning civil liberty 
were impracticable, or inconsistent with the peace and 
order of government. Their cry was for liberty, but as for 
law and civil authority, they expected to be in a great 
measure free from their restraints. The character of the 
American population was thus gradually changed ; and in 
many places, aliens, united with the discontented in the 
country, and outnumbered and outvoted the native citizens 
of property and stability. Those who p)-ofessecl to be the 
friends of the people and of liberty, and who were ambi- 
tious of office, frequently succeeded, when in competition 
with more worthy and patriotic characters. 

The Message of the President to Congress, in December, 
1805, was in a higher tone and spirit than his former pub- 
lic addresses had been to that body. He referred to the 
interruptions and depredations still continued by the bel- 
ligerent powers of Europe, on the American commerce ; 
and lo their occasional aggressions and insults, even within 
the waters of the United States' jurisdiction, — To the in- 
jurious operation of the maritime policy of Great Britain, 
with respect to neutral vessels bound to the ports of the 
enemy of that nation — and to the omission on the part of 
the Spanish government to fulfil its former engagements of 
indemnity for spoliations on American commerce ; and to 
other evidences of an unfriendly spirit in that nation towards 
the United States, There had then long been a misunder- 
standing with Spain, growing out of claims on that govern- 
ment for its depredations, and of their delay in surrendering 
their possessions in Louisiana, purchased of France, and 
previously ceded to the French by the Spanish government. 
The American envoys had been attempting to negotiate 
with Spain, on these accounts, for sometime ; and a second, 
and even a third envoy had been sent to the Spanish Court, 
But no adjustment could be effected, consistently with the 
honor and interests of the United States, The hesitation 
and delay were attributed to an unwillingness or an inabil- 



140 FEDERAL GOVERNMENT. [1805 

ity to fulfil their engagements to the United States under 
a former treaty ; or the infinence of French policy, which 
then directed the affairs of Spain, and which appeared de- 
signed to injure the American commerce. The Spanish 
Court was also dissatisfied with the loss of Louisiana ; and 
was disposed to yield as little as possible, hy virtue of their 
cession to France. So evasive and unsatisfactory was the 
conduct of the Spanish rulers, that the American envoys 
left the court, without hope of forming a just and honorable 
treaty. The course pursued by the ministers of Spain were 
so manifestly unreasonable and injurious, that a great por- 
tion of the citizens of the United States declared that a war 
with that nation would be perfectly justifiable ; but the 
President did not recommend that ultimate measure ; and 
the majority were not fully prepared for it, either in Con- 
gress, or in the nation. The sentiments expressed by the 
President in his public communication to the national legis- 
lature, met with less animadversion than those contained 
In his previous addresses, had received : and all were ready 
to adopt efiicient measures for the honor of the country and 
the protection of their maritime rights. In speaking of the 
Dfficial declarations of the British ministers, for interrupting 
the American navigation, as a neutral power, destined to 
the ports of their enemies, the President said, " they had 
madej^interpolations in the laws of nations relating to com- 
merce, which required investigation." A committee was 
accordingly early appointed to take the subject into con- 
sideration. 

What the President called an " interpolation in the laws 
of nations," was the revival and application of a principle 
in maritime policy, which, many years before, had been ad- 
vanced and put in practice by European governments. — 
One point was the monopoly of trade, by the parent gov- 
ernment or nation in Europe, of its American colonies, 
(which was true of the French and the Dutch as well as 
of the English,) with special and occasional relaxation, as 
was supposed to be for the benefit of the parent State, or 
the relief of the colonies. But the chief objection was to 
the rule of 1756, as it was called ; by which a right was 
assumed by the British to prohibit the trade of a neutral 
nation with France, its enemy, not only in warlike stores, 
but in provisions ; and rendering the American merchant 
vessels liable to detention and search, on suspicion of hav- 
ing goods, belonging in fact, to citizens or subjects of France. 
Numerous valuable cargoes destined to French ports, in 
American ships, and ostensibly American property, were 



1805] JEFFERSON. 141 

really the property of merchants of France ; and thus con- 
veyed for the purpose of safety. The French contended 
that free or neutral bottoms determined the neutral charac- 
ter of the cargoes ; and availed themselves of this doctrine 
to transport their goods in American vessels, when in their 
own ships, they were almost always captured, owing to the 
naval superiority of the British. The American government 
i'.omplained of this doctrine or rule, as injurious to its com- 
merce, as imjust. and novel. It was not indeed entirely a 
iiew principle, for it had been asserted and followed fifty 
years before ; and other nations, when policy and interest 
required it, had contended for it. The French government 
had, in fact, only a ievx years before, acted on the same 
principle, in some instances, where American vessels were 
conveying cargoes in the Mediterranean belonging to the 
British. It was sufficient, however, for the American ad- 
ministration to remonstrate against the principle, as it 
operated to the diminution and restriction of the navigation 
of the country ; and as the rule had never received the full 
approbation or acquiesence of the maritime powers of Eu- 
rope. It was the opinion of a portion of the American 
merchants, that the situation of Europe and the dangers 
which threatened England, furnished a reasonable apology 
for a revival of this principle ; while others insisted, that 
the dangers of Great Britain could be no reason for such 
restrictions on the commerce of neutrals, and that the prin- 
ciple ought to be impugned by every independent and mar- 
itime nation. But the British administration adhered to the 
obnoxious rule, and gave orders to their vessels accordingly ; 
which proved highly injurious, and excited strong feelings 
of dissatisfaction in the United States. 

The measures of both the British and the Spanish gov- 
ernments were, at this period, indicative of no friendly dis- 
positions toward America — and there was a portion of the 
citizens who contended that war would be justified against 
Spain ; and another portion urged a suspension of commer- 
cial intercourse with England, in retaliation for her aggres- 
sions. This unsettled state of affairs confirmed for some 
time ; and proved very embarrassing to commercial enter- 
prise, and highly exciting to political parties. A declara- 
tion of war by the United States against either of these 
powers would not have been approved by the majority of the 
citizens. It would not have been good policy; and while 
there was any hope of success in negotiations, it was greater 
proof of wisdom to avoid open and general hostilities. 

The controversy with Spain respecting the territory for- 



X42 FEDERAL GOVERNMENT. [1806 

merly possessed by that nation, was the occasion of an 
expedition on the Mississippi, which, though undefined and 
professedly harmless to the United States, gave much alarm 
in 1806, and even led some to apprehend a design to sever 
the Union. The citizens of Kentucky and Tennessee had 
been complaining, more than two years, of Spanish miscon- 
duct ; and seemed ready to oblige them to leave the territory 
by force : and a few were so inconsiderate as to threaten to 
form a separate government in the valley of the Mississippi. 
A wide field was thus presented to the restless and ambitious 
mind of Aaron Burr, who was Vice President of the United 
States from 1800 to 1804, and who had lost the confidence 
of both of the great political parties in the comitry, to dis- 
play alike his talents at intrigue and his love of notoriety. 
He professed no specific object ; and it is not probable he 
had matured any particular exclusive plan. And yet it was 
necessary for him, to avoid the charge of a treasonable de- 
sign of severing the Union, to have some ostensible object 
in view to justify his conduct. 

He travelled into the western parts of the United States 
in 1805 and '06 ; and learnt more fully the state of feeling in 
the people, as well as the resources of that section of the 
country. His declarations were different to different char- 
acters, as to his ultimate designs. But it was generally 
pretended, that his plan was to raise a force and invade 
Mexico : and this perhaps was necessary, as a cover to a 
more dangerous purpose : that of setting up a separate gov- 
ernment in the west, and including the newly purchased 
territory of Louisiana. That country contained a hetero- 
geneous population, and great discontent prevailed; and 
there was a prospect, therefore, of forming a government 
separate and independent of the United States. But if this 
should not succeed, or not appear sufficiently feasible, it was 
necessary to have another object, and that the ostensible 
one, of passing into Mexico, and giving no disturbance to 
the Union. How extensive the plan was, it is difficult to 
decide ; but many individuals in Washington, Philadelphia, 
New York, and other places, had knowledge of some plan 
of Mr. Burr in the western country and on the Mississippi, 
not generally known to the community. There was a mys- 
tery in his plans and conduct, which excited alarm, and led 
many to fear that he had real treasonable designs. The 
President was early apprised of his proceedings, in part at 
least ; and took measures for watching his movements, and 
of preventing any serious evils to the United States, if any 
such were intended. He wrote to the Governor of Louis- 



1806] JEFFERSON. 143 

iana, and to the military commander of tlie United States 
troops in that quarter, to be on their guard against the plans 
of Mr. Burr, which might be ripe for execution before they 
were aware of it. And yet Burr sometimes pretended to 
others that the President knew of his designs ; with a view, 
probably, however, to remove all suspicions of his projects. 
His associates also charged C4eneral Wilkinson, the military 
commander near New Orleans, in the service of the United 
States, with being privy to Burr's intentions. 

The various movements and preparations of Burr, cer- 
tainly indicated some unusual and improper enterprise ; and 
few believed, that he was getting up an expedition to invade 
Mexico. The act itself must have been seen to be improper, 
and not likely to succeed, if attempted, with the few men 
Burr could raise. It was more probable, that his real object 
was, under various plausible pretences, and professing to 
have other objects in view, to take possession of New Or- 
leans by force, if circumstances should be favorable, and 
there to collect a sufficient number of discontented and ad- 
venturous spirits to maintain himself in power against the 
arms of the United States ; which, at that distance, and in 
the hands of Mr. Jefferson, he supposed would not be very 
promptly or very decisively used to subdue him. 

Colonel Burr proceeded to the Ohio, in the latter part of 
1806, having before been in various parts of the valley of 
the Mississippi far south ; and there prevailed on several 
individuals of influence to join him, or to afford him their 
aid. He there collected military stores and provisions, and 
enlisted men to follow him down the river; sometimes de- 
claring his intention of proceeding against Mexico; and 
sometimes pretending he was authorized by the President 
to keep the Spaniards in order, who remained on the terri- 
tory, and, as was at one time conjectured, to act offensively 
against the inhabitants in the western parts of the United 
States. It was said that Colonel Burr had several thousand 
men engaged to accompany or to follow him, on due notice, 
while he went down the river, almost alone, and unattended. 

Such a man, it must be supposed, had a definite object in 
view, though probably disclosed to only a few chosen ones 
in whom he could confide. And there can be very little 
doubt that his design was to collect men and adherents, in 
small and separate parties, at or near New Orleans, and 
there take command, and declare himself independent of 
the government of the United States. Governor Claiborne 
he did not fear ; and General Wilkinson he probably hoped 
would come into his views, and assist in forming a new 



144 FEDERAL GOVERNMENT. [1807 

government in the Louisiana territory. His plans were 
early suspected, and many of his adherents and associates 
became alarmed, and declined to support him. Some of his 
correspondents were arrested at New Orleans, and conveyed, 
by the military, to Washington for examination ; but his 
friends attempted to represent the afl'air as unimportant, and 
wholly disconnected with any treasonable project. Thus 
situated, Mr. Burr made no further attempts to accomplish 
his plan, whatever it might have been ; but he was arrested, 
taken to Virginia, tried for treason, and acquitted. His 
real designs were probably revealed to very few, who faith- 
fully kept his secrets. For nothing was proved to convict 
him legally of the charge alleged against him. In the 
opinion of some, who knew him, he was as destitute of 
moral principles as Benedict Arnold. He had less of bold 
daring and hardihood ; but more talent for intrigue and 
concealment. His trial was before the Circuit Court of the 
United States, Chief Justice Marshall presiding. It contin- 
ued several weeks ; and the Court exhibited great impar- 
tiality, as well as legal ability.* 

It is declared in the Constitution, " that the importation 
of such persons as any of the States then existing might 
think proper to admit, should not be prohibited by Congress 
prior to the year eighteen hundred and eight." This 
declaration or provision had reference to the importation of 
slaves from foreign States and countries ; so that there could 
justly be no act on the subject to take effect before that 
period. In March, 1807, a law was passed to prevent such 
importation after the first day of January, 1808. There 
was no formidable opposition made to the passage of the 
law ; for it had generally been supposed, that after the period 
limited as above mentioned, such prohibition would be im- 
posed on the introduction of slaves from foreign countries. 
But a question has since been made, as to the precise mean- 
ing of the term w/igratlon, which is also used in the Consti- 
tution ; and restricted in the same manner as that of 
importation. It has sometimes been contended, that Con- 
gress had power to prohibit the migration of slaves from 
one State, which allows of their residence, into a State 
which does not permit of slavery, so as to be there subject 
to the treatment of slaves by their owners ; and as they 
might legally be in the former State. The subject has been 
already often pressed ; and a great and alarming excite- 

*President Jefferson and his friends were not satisfied with the conduct or 
decision of the Court. 



1807] JEFFERSON. 145 

merit produced ; good policy seems to require more moder- 
ation and forbearance in future. 

An Act was passed about this time, which assumed a 
principle, or power in the national government, the consti- 
tutionahty of which has been frequently since denied or 
questioned. This is the subject of internal improvements ; 
and it has often been denied that Congress had a constitu- 
tional right to expend the public monies for such a purpose. 
Some have denied such a right in all cases ; others have 
admitted, that on great works of a national character and 
for the benefit of all the States, and especially, when re- 
lating to defence, expenditures might justly be incurred ; 
while a few have doubted the right in all cases. The 
prevailing opinion seems to have been, that works, not con- 
fined in their advantages to a single State, but of general 
utility and adding to the general improvement and prosperity 
of the Union, may justly be undertaken at the expense of 
the national treasury. And the question usually has been, 
whether a plan, or a work projected, was of that nature. 
Canals near the sea, to facilitate the means of conveyance 
from one part of the Union to another, in time of war, are 
evidently important in a national view. The Act of Con- 
gress at this time was for the survey, and preparing for 
travel, a public road from the north bank in the Potomac, to 
the river Ohio, near Wheeling ; with a view to facilitate 
the intercourse between the country on and near the At- 
lantic, and the settlements in the valley of the Mississippi, 
and the northwestern territory. It was chiefly in the 
State of Virginia ; but it would not be for the exclusive 
benefit of the people of that State, but for those of the other 
States on the Atlantic, and for those in the western parts of 
the Union ; and would also render the public lands in the 
northwest far more valuable. The political friends of the 
administration which approved of the measure, have gen- 
erally, in all cases of a similar nature since, opposed the 
right of making appropriations for internal improvements. 
The road has proved to be of great public benefit to a large 
portion of the Union ; but the sum first voted was not the 
one hundredth part of the amount afterwards granted to 
finish and repair the road. 

In 1807, Congress also made a law, for the punishment 
of all frauds, which should be committed on the National 
Bank. The penalty was not death, which, in European 
governments is inflicted for such a crime ; but it was very 
severe, rendering the persons convicted liable to several 
years imprisonment, and to a heavy fine. This was not 
19 



146 FEDERAL GOVERNMENT. [1807 

a party question. It was approved by all classes of citi- 
zens, and considered necessary for the security of individ- 
uals and the government. 

Negotiations had now been pursued for some time, for 
forming a treaty between the United States and Eng- 
land, on the subject of neutral rights, which the British 
government was charged with having violated ; particu- 
larly in the seizure of American vessels trading to any 
country with which it was at war ; and in taking men by 
force from vessels of the United States, under the pretence 
of their being British subjects. These questions had long 
been agitated, and the claims set up by Great Britain were 
highly injurious to the commercial interests of the United 
States. Two Envoys were sent to London in 1S06, to en- 
ter into negotiations relating to these important points. 
After much discussion and delay, a treaty was signed by 
the American and British ministers, and forwarded to the 
President early in 1807. But as there was no definite and 
explicit agreement, on the part of the British, to relinquish 
their claim of taking their own seamen wherever they 
might find them ; which the American Envoys had been 
instructed not to recognize, especially as to public vessels ; 
and as an article was appended to the treaty after signing, 
by which the British government might require of the 
United States — in case of an invasion or blockage of Eng- 
land by the French, which was then threatened — a varia- 
tion from the stipulations of the treaty, favorable to Great 
Britain,* the President chose not to submit it to the Sen- 
ate. The additional article, however, it was said might be 
rejected or declined, without danger to the other parts of 
the treaty, which had been deliberately adopted by the 
ministers of both nations. And it was therefore believed 
that circumstances would not justify a rejection of the 
whole treaty. The article respecting the impressment of 
seamen, was modified and rendered less objectionable, by 
an agreement that the British ships of war should be for- 
bidden to take any men except English subjects ; and to 
do this not by violence or in such manner as to give of- 
fence. But the President considered the additional article, 
to which he would not in any sense assent, as furnishing 
an objection to the treaty itself; and he was also dissatis- 

♦ The article required, that the American government should adopt the 
same rule towards one belligerent, (England) as it had towards the other, 
{France.) Or, in other words, the British ministers reserved the right of 
refusing to ratify the treaty, if France did not abandon its (unjust) pretensions; 
or should the United States submit to them. 



1807 J JEFFERSON. 147 

fied with the conduct of his ministers, in consenting to a 
treaty, which did not hind the British to rehnquish entirely 
their claim to search American vessels for their seamen. 
The abuses to which this claim gave occasion were nu- 
merous, and highly injurious, as well to merchant vessels 
as to public ships. For with the pretence of their being 
native British subjects on board of American vessels, they 
were all liable to be detained, and searched, and citizens 
of the United States taken from them and forced into the 
service of England. 

It was insisted by a portion of the people, that the Pres- 
ident ought to have laid the treaty before the Senate ; and 
if they approved, to adopt it, as it was, or to propose some 
modification of it, as was done in the case of the treaty 
made with France in 1801. The American envoys had 
signed the treaty, and they were the political friends of the 
President ; and it was believed one more favorable to the 
United States could not be obtained; and that it was to be 
preferred to open war, or entire non-intercourse with Great 
Britain, for which some then contended as the best policy. 
A rejection of the treaty, it was feared, might lead to im- 
mediate hostilities; and a system of non-intercourse would 
greatly diminish American commerce and navigation, and 
also provoke Great Britain to retaliate by increased depre- 
dations, under color of exercising her belligerent rights, 
as necessary to her own safety against the novel policy of 
France, her powerful rival and enemy. 

Another portion of the citizens fully justified the Presi- 
dent in his conduct on this occasion. They insisted that 
the advice of the Senate could not bind him, and ought not 
to prevail against his opinion. That it was a matter of 
discretion and prerogative with him to submit it to the Sen- 
ate or not; and that if in great doubt himself, lie might lay 
the subject before that body, and if they advised to its 
adoption, to give it his consent, and place the responsibility 
on them. This might have been the most prudent course ; 
but if he was decidedly opposed to the treaty, as injurious 
and dishonorable, he ought, as chief magistrate, to have the 
power to withhold it. The adoption of the treaty, without 
the additional note or article, would have been more con- 
sistent with good policy, in a neutral government, as that 
of the United States then was; and would have manifested 
a sincere desire to conciliate Great Britain, whose good Avill 
towards America was highly important. The rejection or 
suspension of the treaty with England had an unfavorable 
infi.uence with the British government and their naval com- 



148 FEDERAL GOVERNMENT. [1807 

manders. They thought they saw in it an imwilhngness 
on the part of the President to conciliate that nation, or to 
preserve friendly relations between the two countries. They 
had long complained of partiality in the American govern- 
ment for France, and a readiness to submit to commercial 
obstructions and interruptions from the latter, which it de- 
nounced as unjust in the former. They had also some rea- 
son, perhaps, to complain of American (;ommanders shipping 
British subjects, with a full knowledge or a suspicion of 
their being such. Had the British commanders gone no 
farther than to take the subjects of the king of England 
from merchant vessels lyiug in harbors, the practice might 
have been tolerated, rather than to risk hostilities with that 
nation, to the great iujnry of the American navigation. — 
But to allow the public ships of the United States to be 
searched, could not justly be expected of an independent 
nation. Nor were the people willing to submit to the great 
inconvenience of having even merchant vessels detained 
and searched on the high seas. The British minister at 
Washington asserted that French armed ships had forcibly 
taken men from American vessels, on the belief or pretences of 
their beingnaturalsubjectsof France ; and that nogreatcom- 
plaint or excitement followed on such occurrence. And it 
was also expressly offered, by the British government, when 
it asserted a right to take their own subjects, where ever 
found, after requesting their surrender of the commander of 
the vessel to which they then belonged, that their ships of 
war should give up any American citizens on board, on re- 
quest and proof that they were such. One point of dispute 
on this subject was, that native British subjects, beiug nat- 
uralized by the laws of the United States, were considered 
Americans by the federal government, as fully as if they 
had been born within the United States ; while the doctrine 
of the English administration was, and long had been, that 
its native citizens could not expatriate themselves, so as not 
to be obliged to serve in defence of their own country. And 
the time was one of great danger to England, when it was 
threatened with invasion by a powerful neighboring nation, 
and its ancient maritime rights and claims expressly im- 
pugned. 

While negotiations were pending in England, between 
that government and the United States, on the subject of 
impressing seamen, by the British commanders, from Amer- 
ican vessels, an unhappy and unexpected event occurred 
which excited direct and uncommon attention to this vexed 
question, and produced strong feelings of indignation in the 



1807] * JEFFERSON. 149 

people throughout the Union. The Chesapeake^ an Ameri- 
can frigate of forty-four guns, sailed from the port of Norfolk 
under Captain Barron ; a few hours after leaving the harbor 
was hailed by an English frigate of about the same size 
and number of guns — and a boat sent with an officer and 
several men to the Chesapeake, demanding or requesting 
that three of the crew might be delivered them by Captain 
Barron, as they were native British subjects, and declared 
also to have deserted from a British ship of war lying in or 
near the harbor of Norfolk. Captain Barron said he had no men 
on board of that description, and that they were all, as he 
felt assured. Americans — 'addiug that his men could not be 
mustered but by his own order, and he should not permit any 
search to be made. On the return of the boat to the British 
frigate, she proceeded with all possible dispatch towards the 
Chesapeake ; and when sufficiently near, fired a gun ; but 
it was not regarded by Captain Barron ; at least no return 
of shot was given. He was in suspense, as to the mean- 
ing and object of the British commander ; his men were 
also employed in clearing the deck and stowing away arti- 
cles on deck, having but a few hours before put to sea, A 
full broadside was then poured into the Chesapeake by the 
British frigate, which did great damage to the hull and spars 
and rigging of the frigate; and killed and wounded several 
men. Captain Barron, considering his ship not prepared 
for battle, nor decided, perhaps, what course it was his duty 
to pursue, in such an unexpected emergency, concluded to 
make no resistance, and surrendered his ship as a prize to 
the British frigate. The British captain then again sent 
his boat with an officer and men and took the three men — 
whom he alleged to be British subjects, and deserters, a short 
time before, from a British public ship of war — but declined 
to keep possession of the Chesapeake, which returned to 
Norfolk in a shattered condition. 

This was considered a great outrage, even if the facts 
were as stated by the British commander ; and was a 
proper subject for negotiation to provide a remedy for such 
evils. But the British officer asserted, that it was known 
before the Chesapeake sailed, that she had British seamen 
on board, who were deserters ; and that on proper applica- 
tion, they were refused to be given up when demanded. 
Captain Barron declared he had enlisted no such men for 
his ship, and was ignorant that any of that description had 
been enlisted by others, or was on board his vessel. The 
attack of the British was certainly unjustifiable ; and yet it 
was generally believed that due care had not been given to 



150 FEDERAL GOVERNMENT. [1807 

avoid receiving British seamen on board American vessels ; 
and particularly in the case of the Chesapeake at the time. 
The British government disavowed the act, when it re- 
ceived intelligence of it; and no orders justifying such 
conduct had been explicitly given. And yet the king and 
his ministers had long contended for the principle, which 
seemed to lead to such a result. For they claimed a right 
to take their own native subjects at all times and in all 
places. But they also declared a disposition to guard against 
the abuses of the practice, by forbidding their naval com- 
manders to take any by force, not fully known or proved to 
be Englishmen ; and they were willing to forbear the exer- 
cise of the right which they claimed, so far as not to search, 
by force, a public ship of the United States ; but only to 
demand the surrender of the men claimed ; and to represent 
the case, when referred, to their government. And, at the 
same time, were ready to stipulate that their own vessels 
might be searched, when in harbors, by American com- 
manders, for citizens of the United States. This was the 
greatest difficulty which occurred in the negotiations 
pursued during that year, between the federal government 
and the British administration. Another subject, attended 
with great difficulty, was that of the rights of neutrals ; 
which most acknowledged had been often disregarded and 
violated, both by England and France, during the war of 
several years then existing. Each government, in its turn, 
had repeatedly issued orders, operating to the interruption 
and injury of American commerce ; by assuming new prin- 
ciples, or extending former usage, in blockades : forbidding 
a neutral vessel to enter the port of its enemy, even with 
provisions and goods not usually considered contraband. 
And a whole country was declared in a state of blockade, 
when only one or two armed vessels were to be found on a 
very long coast. 

A meeting of Congress was summoned by the President 
in October, 1807, several weeks earlier than the usual time 
of the fall session ; and a reference to his public message 
communicated on that occasion, will, in a good measure, 
show the great subjects then demanding the consideration 
of the national legislature, as well as his own views of the 
most important events which had occurred after their pre- 
vious meeting. 

" The many injuries and depredations committed on our 
commerce and navigation on the high seas, for years past, 
the successive innovations on those principles of public law, 
which have been established by the reason and usage of 



1807] JEFFERSON. 151 

nations, as the rule of their intercourse, and the umpire and 
security of their rights and peace, and all the circumstances 
which induced the extraordinary mission to England, are 
already known to you. The instructions given to our min- 
isters were framed in the sincerest spirit of amity and mod- 
eration. They proposed arrangements which might embrace 
and settle all the points in ditference between us, which 
might bring us to a mutual understanding on our neu- 
tral and national rights, and provide for a commercial 
intercourse on conditions of equality. After long and fruit- 
less endeavors to etfect the purpose of their mission, they 
concluded to sign such a treaty as could be obtained, and 
to send it for consideration ; candidly declaring to the other 
negotiators that they were acting against their instructions ; 
and that their government therefore could not be pledged 
for its ratification. 

" Some of the articles proposed might have been admitted 
on a principle of compromise ; but others were too highly 
disadvantageous, and no sufficient provision was made 
against the principal source of the irritations and collisions 
which were constantly endangering the peace of the two 
nations. The question, therefore, whether a treaty should 
be accepted in that form, could have admitted but of one 
decision, even had no declaration of the other party impaired 
our confidence in it. Still anxious not to close the door 
against friendly adjustment, new modifications were framed, 
and further concessions authorized, than could before have 
been supposed necessary ; and our ministers were instructed 
to resume their negotiations on those grounds. 

" On this new reference to amicable discussion, we were 
reposing in confidence, when, on the 22d of June last, by a 
formal order from a British admiral, the frigate Chesapeake, 
leaving her port for a distant service, was attacked by one 
of those vessels, which had been lying in our harbors, under 
the indulgencies of hospitality, was disabled from proceed- 
ing, had several of her crew killed, and four taken away. 
On this outrage no commentaries are necessary. Its charac- 
ter has been pronounced, by the indignant voice of our cit- 
izens, with an emphasis and unanimity never exceeded. 
I immediately, by proclamation, interdicted our harbors and 
waters to all British armed vessels ; forbade intercourse 
with them ; and, uncertain how far hostilities were intended, 
the town of Norfolk indeed being threatened with immedi- 
ate attack, a sufficient force was ordered for the protection 
of that place ; and such other preparations commenced and 



152 FEDERAL GOVERNIVIENT. [1807 

pursued as the prospect rendered proper. An armed vessel 
of the United States was dispatched, with instructions to 
our ministers at London, to call on that government for the 
satisfaction and security required by the outrage. A 
short interval ought now to bring an answer ; which shall 
be communicated to you as soon as received : then also, or 
as soon after as the public interests shall be found to admit, 
the unratified treaty and proceedings relative to it, shall be 
made known to you. 

" The aggression thus begun, has been continued, on the 
part of the British commanders, by remaining within our wa- 
ters, in defiance of the authority of the country, by habit- 
ual violations of its jurisdiction, and at length by putting 
to death one of the persons whom they had forcibly taken 
from the Chesapeake. These aggressions necessarily led 
to the policy, either for never admitting an armed vessel 
into our harbors, or of maintaining, in every harbor such 
an armed force as may constrain obedience to the laws, 
and protect the lives and property of our citizens against 
their armed guests. But the expense of such a standing 
force, and its inconsistence with our principles, dispense 
with those courtesies which would necessarily call for it; 
and leave us equally free to exclude the navy, as we do 
the army of a foreign power from entering our limits. 

" To former violations of maritime rights, another is 
now added of very extensive efiect. The government of 
that nation has issued an order interdicting all trade, by 
neutrals, between ports not in amity with them, and being 
now at war with nearly every nation on the Atlantic and 
Mediterranean seas, our vessels are required to sacrifice 
their cargoes at the first port they touch, or to return home 
without the benefit of going to any other market. Under 
this neiv law of the ocean, our trade on the Mediterranean, 
has been swept away by seizures and condemnations, and 
that in other seas, is threatened with the same fate. \ 

"Our difierences with Spain, remain still unsettled," Ho 
measures having been taken, on her part, since my last 
communications to Congress, to bring them to a close. 
But under a state of things, which may favor reconsider- 
ation, they have been recently pressed ; and an expecta- 
tion is entertained that they may now be brought to an 
issue of some sort. With their subjects on our borders, no 
new collisions have taken place, nor seem immediately to 
be apprehended." 

Reference was also made, in this public message of the 
President, to the alleged conspiracy of Aaron Burr against 



1807] JEFFERSON. 153 

the peace and integrity of the Union, in the following 
terms : — 

" I informed Congress, at their last session, of the enter- 
prise against the public peace, which was believed to be 
in preparation by Aaron Burr and his associates ; of the 
measures taken to defeat them, and to bring the offenders 
to justice. Their enterprises were happily defeated by the 
patriotic efforts of the militia, wherever called into action, 
in promptly arranging the difficulties on the Sabine river, re- 
pairing to those arising on the Mississippi, and dissipating, 
before their explosion, plots engendered there. I shall 
think it my duty to lay before you the proceedings and the 
evidence publicly exhibited, on the arraignment of the prin- 
cipal offenders before the District Court of Virginia ; that 
you may be enabled to judge, whether the defect was in 
the testimony, in the law, or in the administration of the 
law ; and wherever it shall be found, the legislature alone 
can apply or originate the remedy. The framers of the 
Constitution certainly supposed they had guarded, as well 
the government against destruction by treason, as the citi- 
zens against oppression, on pretence of it : and if these 
ends are not attained, it is of importance to inquire, by 
what means they may be more effectually guarded."* 

It was also stated by the President in his message, that 
the finances of the government were in a prosperous con- 
dition; four millions of the public debt having been paid 
during the year past, besides meeting the current expenses 
of the civil list, and the expenditures for several public 
works authorized by Congress at the preceding session. 
The general spirit and tone of this message of the Presi- 
dent, and most of the measures he had adopted or recom- 
mended, were highly approved and commended through 
the country. The resentment expressed of the attack made 
by one of the British navy on an American frigate, was no 
greater than most of the citizens felt on the occasion. And 
his declining to lay the treaty with England before the 
Senate, with the great objections which might justly be 
made to it ; especially, as it appeared, he had given new 
instructions to his ministers, to resume negotiations and to 
accede to some modifications of the articles most objection- 
able, with a view to preserve peace between the two na- 

* If Mr. Jefferson was too prudent publicly to disapprove of the conduct 
of Judge Marshall, at the trial of Colonel Burr for treason, he fully expressed 
his opinion in letters to his intimate friends, in which he charged the chief 
justice with partiality for Burr, and intimated that his decision was owing to 
political prejudices against the administration. 

20 



154 FEDERAL GOVERNMENT. [1807 

tions; was generally justified by the people. Complaints 
were, indeed, still made by a portion of the citizens, that 
the administration was more sensitive mider any violations 
of neutral rights, or exercise of arbitrary power, in im- 
pressments, when committed by British commanders, than 
in similar cases, where the French were the authors. It 
was also believed to be impolitic to insist on the British re- 
linquishing altogether the practice of searching on board of 
neutral ships for their own seamen, who had deserted ; and 
that, if open hostilities followed the non-agreement on this 
subject, great blame must attach to the President who re- 
fused to accept a treaty, without adjusting this point of 
dispute to his entire wishes. This excluding all British 
public vessels from the harbors and waters of the United 
States, by proclamation — instead of confining the exclusion 
to the ship, or squadron, by which the attack was ordered 
and made ; and before the British government had time to 
disavow the act ; was also deemed to be indicative of a dis- 
position to widen the breach between the two governments. 

It was said, that it would have been more dignified, 
as well as more prudent, to have waited to learn what 
explanation the British rulers would offer in the unfortu- 
nate occurrence. The decrees of the French government, 
relating to neutral commerce, by which citizens of the 
United States were deeply and injuriously affected, were 
said also to be equally a departure from, and therefore an 
interpolation of the laws of nations, as the orders of the 
British ; and thaf far less remonstrance had been made by 
the federal government against the one than against the 
other. It was also observed, that the President should 
have given strict orders to the commanders of the United 
States vessels, not to harbor deserters from the British ser- 
vice, nor to enlist seamen who were known to be native 
subjects of that kingdom. The charge against the Presi- 
dent, was in substance, that there was not that spirit of 
real impartiality displayed, which was proper for the gov- 
ernment of a neutral nation, in the diplomatic intercourse 
with th« two great European belligerents. The extent or 
degree of partiality for one nation, if it existed at all, would 
not be susceptible of accurate statement or description. 

The occlusion of the ports and harbors of the United 
States against all British ships of war, before the conduct 
of the English government was known in reference to the 
recent attack, served to create an obstacle in the way of a 
speedy and amicable adjustment on that subject. For 
though the British ministry promptly declared the act un- 



1807] JEFFERSON. 155 

authorized, and appointed a special Envoy to the United 
States to make suitable explanations, when the proclama- 
tion of the President was known, it produced an unfavor- 
able effect; and they said no amends or explanations were 
necessary, as the federal government had punished the 
improper act, by excluding the British ships of war from 
their harbors, without a reasonable suspension of a retali- 
ating measure for the injury committed. Whether this 
plea for declining the ofier of an apology or disavowal, was 
sufiicient, there were different opinions expressed ; and the 
circumstance proved a fruitful source of diplomatic corres- 
pondence. 

The allusion in the message to the trial of Aaron Burr 
and others, charged with treason against the United States, 
and with a design to divide the Union, was considered ex- 
ceptionable by impartial jurists, and by the sincere friends 
of the Constitution ; as they believed they saw in it a dis- 
position to lessen the dignity and to undermine the inde- 
pendence of the judiciary department. The suggestion in 
the message might have been taken as a recommendation 
to amend ihe law, on the subject of treason, and to make 
it more strict and severe : but, on a natural construction 
the implication evidently was, that the judges had not 
done their duty, and that their conduct was deserving 
investigation. The President was known to have ex- 
pressed views on other occasions unfavorable to the inde- 
pendence of the judicial department : and his sentiments 
relating to the subject were closely observed ; perhaps an 
unfounded suspicion was indulged as to his real views of 
the correctness of the judges' conduct. Great impartiality 
was shown by them at the trial ; and dangerous and trea- 
sonable as the plans of Burr might have been, he could not 
have been justly convicted without sufiicient legal evi- 
dence. The law is too sacred to be made to swerve from a 
direct course in times of party excitement, or to favor the 
wishes of those high in power; and should be administered 
by fixed rules and principles, certain and undeviating as 
the laws of nature. 

The principles avowed and the conduct pursued both by 
the British and French governments, at this period, were 
so injurious to the commerce and navigation of neutrals', 
especially as affecting the United States, that there was 
just reason for the President and Congress to complain 
against each of these belligerents ; and to adopt measures 
of prevention or redress. Each of these governments had 
sometime acted on principles, not generally admitted to be 



156 FEDERAL GOVERNMENT. [1807 

correct by neutral nations ; or had extended the appUcation 
of former rules, in such cases, to an extreme, which Avent 
to annihilate all neutral rights, and to render a nation, at 
peace and pursuing its lawful commerce, liable to constant 
depredations and losses. Not only were the vessels of 
neutral nations made liable to seizure for attempting to en- 
ter a blockaded port, or for conveying articles commonly 
considered contraband in time of war ; but a whole coun- 
try was pretended to be in a state of blockade, when no 
vessels of war were near ; and all provisions were declared 
contraband, as well as munitions of war, and naval stores. 
France and England had alike offended against the rights 
of neutrals in these respects.* And the navigation of the 
United States was almost swept from the ocean by such 
arbitrary proceedings of the belligerent nations of Europe. 
There seemed to be no prospect of safety, but in abandon- 
ing all commercial enterprise. And some individuals in 
the federal government, at the time, and the President and 
Secretary of State, were supposed also to be in favor of 
such a policy ; and to prefer non-intercourse, and embar- 
goes for a long period, as the most sure and effectual rem- 
edy. But the people of those States, which were exten- 
sively engaged in commerce, were desirous of negotiating 
on the subject, in the hope of preventing a state of actual 
war, and of maintaining their maritime rights. 

While the President and his ministers adhered to their 
demands, on the subject of impressments and the commer- 
cial rights of neutrals, and there were no indications 
that England or France would withdraw their high preten- 
sions, or cease to commit depredations on the citizens of 
the United States, the apprehensions of war prevailed ; 
and yet little was done by government for the defence of 
the country. A few more gunboats were ordered to be 
built ; but these could only afford very limited means of 

* The decree of Buonaparte, dated at Berlin, in October, 1806, was as 
great an interpolation of the laws of nations, as any order of the British govern- 
ment, of which the President had complained. It declared, " the British 
islands in a state of blockade, and interdicted all intercourse with them; and 
all vessels from England, or her ports, entering the ports of France, or of her 
allies, were forfeited. And in December following, another decree was pro- 
mulgated by the Emperor, from Milan, declaring all neutral vessels, which had 
been searched or visited by the British, denationalized, and made lawful prizes; 
and reiterating the former declaration, that the British islands were to be 
considered blockaded both by sea and land. In November, 1807, the British 
orders of council were issued, (or received,) professedly in retaliation of the 
French decrees. Similar orders, however, though less severe and injurious, 
had been adopted by the British government. 



1807] JEFFERSON. 157 

defence, and that in a few situations. The principal fear 
was a war with England, as it would prove highly disas- 
trous to the interests of the United States. That govern- 
ment, however, had declared its purpose to guard against 
abuses under their system of searching neutral vessels for 
their own subjects : and had promptly sent an Envoy to 
the United States, to tender reparation for the attack on the 
Chesapeake. But a new difficulty arose in the way of a 
speedy settlement of this unfortunate event. The procla- 
mation of the President, interdicting the harbors of the 
United States to all public British ships, and its continu- 
ance, after the appointment of a special minister to oiler • 
explanations for the single act of violence committed, was / 
alleged as an excuse for not giving such explanations./ 
And the arrival of an Envoy for a pacific purpose, in this 
state of the question, served to present new obstacles to a 
friendly adjustment, rather than to ensure it. 

In this state of affairs with foreign nations, and with the 
prospect it suggested, the President was induced, in De- 
cember, 1807, to recommend an embargo ; which was 
immediately approved and ordered by Congress. The 
principal design of the President, in this measure, appears 
to have been the safety of American vessels and properly : 
while he believed it would operate, in some measure, as a 
non-intercourse with France and England ; and thus in- 
jure those nations more, perhaps, than open hostilities. 
The measure was considered expedient by the majority of 
the people; while a large portion believed it would prove 
unavailing in its influence, to lead the British ministry to 
a disposition for a more favorable adjustment of the exist- 
ing dispute : and many were wholly opposed to an em- 
bargo, as imposed by this Act ; inasmuch as there was no 
provision for limiting it to a certain period. An embargo 
had been laid by the old Congress, early in the war of the 
revolution ; and again, in 1794, under the presidency of 
AVashington ; but these were limited to thirty or sixty 
days. But the present Act, for this measure, was indefi- 
nite as to the term of its operation ; and it could not be 
withdrawn, even by a major vote of Congress, if the Presi- 
dent should not approve of it. If it were intended as a 
measure of annoyance and injury to a foreign nation, it 
was putting it in the power of the President to make war ; 
and if it were designed chiefly as a means of safety, it was 
said, the merchants were the best judges, as to the risk 
and the dangers. A neutral position was evidently favor- 
able to the interests of the nation ; and had the design of 



158 FEDERAL GOVERNMENT. [1807 

the embargo been to prevent war, and to preserve the ben- 
efits of neatrahty to the United States, it would have been 
borne without complaint. But to withdraw entirely from 
the ocean, was not the way to ensure prosperity, nor to 
gain the respect of other nations. And there was too much 
reason to believe, that the measure had been recommended 
and adopted, at the secret instance of the French Emperor, 
who sought to destroy or to limit the commercial business 
of his rival, Great Britain; and who insisted on the co- 
operation of the United States, directly, or indirectly, in his 
plans to subjugate his natural and powerful enemy. 

The papers communicated to Congress, when the em- 
bargo was recommended, did not prove the measure to be 
necessary ; and those kept back, as it was at the time sup- 
posed some were, and afterwards was admitted to be a 
fact, only confirmed the belief, that it was at the desire or 
with the approbation of the Emperor of France, that the 
embargo Act was then adopted. The letters of the Amer- 
ican Envoys in Paris, afterwards published, stated various 
conversations and facts, which showed that the Emperor 
expected an embargo would be laid by the American gov- 
ernment, and that it would meet his approbation ; though 
he might have been better pleased if the United States had 
declared war against England.* 

The conduct both of England and France, at this time, 
as it had been for two years previously, was very injuri- 
ous to American commerce ; for most of the vessels of the 
United States, bound to either of those countries, were seized 
by armed ships of the other nation. And the dangers to 
navigation were great and extensive : But it was the opin- 
ion of men entitled to respect and confidence for their good 

* The Emperor had said, there should be no neutrals: that the United 
States should be decided friends, or he must treat them as enemies. And he 
predicted in October, that an embargo would be laid in America; which was 
imposed by Congress, in December after. The President used the follow- 
ing language in a confidential letter to his minister in Paris, October, 1808, 
" Buonaparte does not wish us to go to war with England; knowing we have 
not ships sufficient to carry on such a war. And to submit to pay England the 
tribute on our commerce, which she demands by her orders in council, would 
be to aid her in the war against France, and would give the Emperor just 
ground to declare war on us." The spirit of the Emperor was so assuming 
and despotic, at this period, that he is reported to have said — " The Americans 
ought to tear up their Act of Independence, and to become again, as before 
their Revolution, the subjects of England; or to take such measures as that 
their commerce should not be tarijfied (taxed) by the English." And this 
language he used, because the United States would not declare war against 
England, as he desired; but was disposed to settle difficulties with that nation 
by negotiations and a treaty. 



1807] JEFFERSON. I59 

judgment, that negotiations conducted in a proper spirit, 
would have prevented the ditiiculties and evils which oc- 
curred to the United States ; and that more decision and 
firmness would have prevented war and preserved com- 
mercial prosperity. In France, the American Envoys 
spoke with far more independence and propriety, than their 
instructions from the President could have inspired ; and 
they even expressed surprise that some resentment was 
not manifested by the federal administration. They could 
not believe, that the terms dictated by the Emperor would 
be received with so much readiness by the chief magistrate 
of a great republic. And the American ministers in Eng- 
land expressly declared, that a treaty might have been 
made with that government, which if not in all respects 
such as was desired, might be accepted, without injury or 
dishonor to the United States. But the President expressed 
an opinion in favor of an embargo ; and his wishes were 
then a law to the majority of Congress. What were his 
secret views can only be matter of conjecture, from the 
events of the time. He, however, declared it to be a meas- 
ure of coercion, and not directly of war, towards Great 
Britain, whose conduct he deemed most unjust, while 
many of the people viewed the measures of France equally 
arbitrary and improper. War has usually been consid- 
ered a peculiar measure of coercion ; but the President 
made a distinction between open and declared hostilities, 
and other measures designed to compel the government of 
England to accede to the terms proposed by the United 
States. 

The British Envoy, appointed to otfer reparation, or to 
make explanation and apology, for the attack on the Ches- 
apeake, arrived at Washington, in December; and soon 
after the embargo Act liad been adopted by Congress. He 
had been sometime expected ; and the object of his mission 
was well understood. Whether the embargo was hastened, 
with an expectation that he might ofi'er to make reparation 
or apology for that injury, of which prudence would re- 
quire the acceptance, could not be fully decided. But such 
an opinion was entertained by a large portion of the citi- 
zens. And though the President had declared his desire 
to avoid war with England, and had made efibrts at nego- 
tiation to prevent such a calamity, the various acts of sub- 
mission to French usurpation, and a tenacious adherence 
to particular terms of peace with England, to which it was 
known, that nation would not consent, gave strength to 
the belief, that he was not very anxious to avoid hostilities ; 



160 FEDERAL GOVERNMENT. [1807 

or would prefer war with Great Britain to the resentment 
of the rulers of France. The ostensible reason for the 
embargo, however, was the arbitrary decrees and the inju- 
rious practice both of England and France, and the only- 
way for saving commercial property from the grasp of 
each : for it might be said with much truth, that those 
two belligerent nations had been long waging a maritime 
war with the United States. 

It was expected, that a discussion would take place 
without delay, with the new British Envoy, respecting the 
special object of his mission ; and that it would soon be 
known, whether the explanation and reparation offered 
would be accepted, or the dispute with England, on that 
and other subjects, would issue in open war. But there 
-was an unaccountable delay in conducting the negotiation ; 
and it afterwards appeared, that various obstacles were pre- 
sented by the President to an early commencement of cor- 
respondence on this subject ; such as a desire to hear again 
from the American Envoy in England, and the feeble health 
of the Secretary of State, whom he wished to conduct it. 

When the correspondence between the Secretary and 
the British Ambassador, at the call of the House of 
Representatives, was published, sometime after, it ap- 
peared, that the special Envoy from England had been 
very urgent to adjust the affair of the Chesapeake ; and 
had declared his authority to offer what his government 
considered an honorable reparation, as well as a disavowal 
of the act ; with an assurance that an agreement be made 
not to search the public armed vessels of the United States 
for their seamen. And he also made it known to the Pres- 
ident and Secretary of State, at an early day, that he was 
instructed to treat solely on this act, and without reference 
to any other matter in dispute between the two nations. 
But the President saw fit to decline treating on this single 
subject, and to introduce several other topics to be con- 
nected with it, and settled at the same time. The British 
Envoy replied, that his instructions did not permit him to 
connect any other subject with this case ; and declined all 
farther correspondence, except a general reference to former 
difficulties, in answer to a long note of Mr. Madison, the 
Secretary of State, in order to show, that in his opinion 
those difficulties might be easily removed, if there was a 
sincere desire to remove or adjust them, and that his gov- 
ernment did not consider them just causes of war. As in 
many other cases of a public nature, and especially those 
relating to the conduct of the federal administration with 



1807] JEFFERSON. 161 

respect to the policy both of England and France, at that 
period, there were different opinions expressed, as to the 
propriety of the course pursued by the President. And 
perhaps there were too strong party feelings existing, to 
secure or call forth an expression of sentiments entirely 
impartial and just. 

As there was some provocation given, by enhsting and 
refusing to give up British seamen, and even British de- 
serters, which was the occasion and pretext for the rash 
and violent act of the British commander, as it was sup- 
posed to be unauthorized by his government; and as the 
British cabinet promptly disavowed and regretted it, and 
immediately sent a special ambassador to make an apology 
and reparation for it, it was the general opinion of the 
people, that the unhappy affair should be settled at once, 
if the explanation tendered was proper, and not be embar- 
rassed or delayed by a reference to other subjects. And 
some believed, that a wish to please the Emperor of France, 
or to avert his displeasure, who had said, " that the Amer- 
ican government could not submit to the British conduct, 
but would declare war against that nation," had an influ- 
ence in leading to the course pursued by the President. 

The language and conduct of the Emperor, at this period, 
manifested such an interference with the measures of the 
United States, as to justify the prevailing opinion, that 
great firmness was necessary in resisting his unjust claims ; 
and that, when this was not manifested, there must be an 
improper fear of his displeasure, or an equally improper de- 
sire for his favor and friendship. The course of the admin- 
istration at this time was not generally considered to be 
strictly impartial. The letters received from the American 
Envoys, both in France and in England, were long kept 
from Congress; and afterwards only partially communi- 
cated , and several of these required to be returned to the 
President, without being made public. Some of those citi- 
zens who had been the warm political friends of the admin- 
istration, were dissatisfied with this conduct. And when 
the letters, permitted to be laid before the people through 
the press, some months after, were read, it appeared, that 
the British government was really desirous of maintaining 
peace with the United States, and of making some sacrifices 
to prevent a war ; while the spirit of the French Emperor 
indicated little respect for the government, and little regard 
for the interests of America ; especially, if his object could 
21 



It)2 FEDERAL GOVERNMENT. [1807 

be obtained, of inflicting the greater injury on the commer- 
cial and naval power of England.* 

The conduct of the Emperor was considered, by a great 
portion of the people, alike unjust and dishonorable. De- 
crees of an injurious tendency to neutral commerce, when 
remonstrated against by the American Envoy, were de- 
clared not to be in force towards the citizens of the United 
States ; and yet, in several instances, within a year from 
such assurances, they were put in execution, even on the 
cargoes of vessels driven into France by stress of weather, 
or wrecked on its coasts. And the allies, or the vassals of 
France were required by the Emperor to conduct in a sim- 
ilar manner towards American vessels and property. And 
it was justly deemed dishonorable either to antedate a de- 
cree, or to pass it in secret, and afterwards to claim the 
benefit of having issued it at an earlier period than its pub- 
lication. 

When the people were possessed of these facts, they be- 
came still more dissatisfied with the embargo. Grievous and 
restrictive as the measure was, it would have been borne with 
patriotic patience, had it been supposed necessary to vindi- 
cate and preserve the rights of the nation ; but when it was 
believed it had been adopted in conformity to the views of 
a foreign power, the complaints increased; and some of the 
members of Congress, who at first supported the measure, 
on the recommendation of the President, were desirous of 
repealing it. The majority, however, were in favor of con- 
tinuing it ; and additional acts were soon after passed by 
Congress, rendering its provisions more strict and more op- 
pressive. The coasting vessels, and even the fishermen, 
on or near the coasts, were subjected to severe restrictions 
in their business, and required to give large bonds, on 
leaving a port, under the pretence of their having inter-r 
course with British ports or vessels. And when, some 
months after, as the opposition to the embargo increased, 
the act was suspended, or withdrawn by the President, as 
he had been authorized by Congress, in April, 1808, on the 
repeal of the orders of the belligerents affecting neutral 

* Mr. Armstrong, the American Envoy at the Court of France, wrote to 
the President, in January, 1808, "That the Emperor considered war as then 
existing between the United States and Great Britain ; and that he considered it 
as declared, on the pubhcation of the British orders in council, of November, 
1807 ; which, though just cause of complaint by the federal government, were 
really retaliatory of the previous French decrees, and not more arbitrary and 
dangerous. No good apology can be offered for these orders, but it was said, 
they were less injurious to neutrals, than those issued by Cromwell, 1655. 



1807] JEFFERSON. I'gS 

commerce, and a system of non-intercoiirse with European 
nations was adopted, the embarrassments and hindrances 
to foreign trade were equally injurious ; and the dissatis- 
faction with the policy of the administration continued un- 
abated. Still, the majority of the people expressed their 
confidence in the wisdom of the President and his cabinet, 
and believed their views favorable to the liberty and inde- 
pendence of the nation, with a proper spirit of opposition 
to the claims and orders of Great Britain, affecting the 
maritime interests of the United States. The policy already 
adopted and pursued for two or three years, was therefore con- 
tinued ; — the conduct of both England and France being in- 
jurious to neutral rights, and great deviations from the law 
of nations as generally admitted ; — till it issued in a war 
with the former nation ; which was prosecuted till the other 
met with great reverses, and became less formidable to neu- 
tral nations. The course of the American government was 
evidently surrounded with ditficulties ; and it was not an 
easy task to satisfy all parties ; but the opinion prevailed 
to a great extent, that, by strict impartiality and firmness, 
united with a spirit of moderation, the difficulties might 
have been prevented, or removed ; and war wholly averted. 

It was often interrogated, at this period, what would 
have been the state of the country, if the policy which dic- 
tated a long embargo and non-importation and non-inter- 
course then pursued, had been adopted in 1794, when equal 
difficulties existed with England. An embargo was, indeed, 
then laid for a limited and very short period ; not however as 
a measure of coercion, but of protection ; and a non-impor- 
tation was also then proposed, but rejected. And by nego- 
tiation, in a truly friendly spirit, with a character of firm- 
ness and impartiality in the administration, peace was pre- 
served, indemnity made for maritime wrongs and depreda- 
tions ; and commercial prosperity fully restored. 

Some measures of defence were adopted during the ses- 
sion of Congress, which began in October, 1807, but not 
till the spring of 1808. For the measure of the embargo, 
with subsequent attempts to repeal or modify the act, and 
additional laws to enforce it, long occupied the time of the 
national legislature. The President was authorized to 
cause several fortifications on the seacoast to be repaired or 
completed; and to have others erected, as he might judge 
necessary for the defence of the harbors and the vessels 
therein. Provision was also made for building and man- 
ning a large number of gunboats for the same purpose. 
Two years before, the President was authorized to employ 



164 FEDERAL GOVERNMENT. [1807 

gunboats, and two hundred and fifty thousand dollars ap- 
propriated for that object — an additional sum was now 
voted to increase these means of protection and defence — an 
act was also passed for raising eight additional regiments of 
regular troops ; for detaching one hundred thousand of the 
militia to be apportioned, by the President, among the 
several States ; and for arming the whole body of the mi- 
litia in the United States. The law of Congress, passed in 
March, 1805, for the preservation of peace in the ports and 
harbors of the United States, was, at this session, ordered 
to be continued for two years. This act had reference to 
treason, felony, or misdemeanor, or breach of the peace, 
within the jurisdiction of the United States, by persons be- 
longing to foreign armed vessels ; and " in order to prevent 
insults to the authority of the laws, by which the peace of 
the United States with foreign nations might be endangered, 
the President was empowered to interdict, at his pleasure, 
the entrance of the harbors and waters under the jurisdic- 
tion of the United States, to all armed vessels belonging to 
any foreign nation, and by force to repel and remove them 
from the same, except when driven in by the dangers of 
the sea, or other distress." 

The prosecutions, on account of the alleged treasonable 
plan of Aaron Burr, had now subsided ; although he and 
some of his associates were complained of before a court in 
Ohio, after his acquittal in Virginia, by the Circuit Court of 
the United States ; but one of the Senators in Congress from 
the State of Ohio, John Smith, was suspected of being 
privy to, and aiding in the project ; and a charge was 
brought against him in the Senate, with a view, among 
some of the members, to his expulsion from his seat in the 
national legislature. Smith had been indicted by a grand 
jury in Virginia, in August, for treason, and a misdemean- 
or ; but no conviction was had, and the case was discon- 
tinued or postponed. In November, 1807, a committee of 
the Senate was appointed, composed of seven members, 
to consider '' whether it were compatible with the honor and 
privileges of that body, that he should be permitted any 
longer to hold his seat as a Senator." A report was made 
the last of December, and a resolution oifered by the com- 
mittee, declaring, " that, by his participation in the conspi- 
racy of Aaron Burr, Mr. Smith was guilty of conduct in- 
compatible with his duty and station as a Senator of the 
Uriited States ; and that he be, therefore, expelled from the 
Senate," At his request, Smith was heard in his defence, 
by council before the Senate ; but it was made a question, 



1808] JEFFERSON. 165 

whether strictly legal proof were necessary to convict him ; 
or whether the Senate might exercise their discretion in 
the case, and require only satisfactory evidence of his con- 
cern in the conspiracy. Near the close of the session, and 
after many days heing occupied on the subject, a majority 
of the Senate voted, that Mr. Smith be expelled ; but there 
were not two thirds in favor of the resolution, the constitu- 
tional majority required in such cases, and he retained his 
seat. 

The embargo laid in December, 1S07, was continued for 
nearly fifteen months ; and caused great complaint and 
suftering, especially with those concerned in navigation, or 
living near the seacoast. In November, 1808, as well as at 
an earlier day, a formal motion was made in the Senate, to 
repeal the embargo act. The motion was offered by Mr. 
Hillhouse of Connecticut ; and by him and others, the evils 
of the measure were fully pointed out, as well as its inef- 
ficiency to coerce the British government to abandon its 
maritime rights, or to adjust the disputes between the two 
countries, on the terms urged by the federal Executive. 
Mr. Lloyd of Massachusetts supported the motion for a 
repeal of the embargo, with great intelligence and ability. 

Mr. Lloyd said, he considered the question as important 
as any which had occurred since the adoption of the Con- 
stitution : that it deeply implicated, and perhaps would 
determine the fate of the commerce and navigation of the 
country — a commerce which had afforded employ for nearly 
a million and a half tons of navigation ; which had form- 
ed occupation for hundreds of thousands of our citizens ; 
which has spread wealth and prosperity in every region of 
our country ; and which had upheld the government, by 
furnishing the revenue for its support. Surely, this is a 
commerce, said Mr. Lloyd, not to be triffed with ; a com- 
merce not lightly to be offered up as the victim of fruitless 
experiment. 

He admitted that our commerce had been subject to great 
vexation and plunder by the belligerents of Europe. — 
" There was no doubt," he added, " that both France and 
England had violated the laws of nations, and immolated 
the rights of neutrality; but there is, in my opinion, a 
striking difference in the circumstances of the two nations ; 
the one, being instigated by a lawless thirst for universal 
dominion, is seeking to extend an iron-handed, merciless 
despotism over every region of the globe, while the other 
is fighting for her yiatale solum : for the preservation of her 
liberties, and probably for her very existence. The one 



166 FEDERAL GOVERNMENT. [1808 

professes to reluct at the inconvenience she occasions ns, by 
the adoption of measures, which are declared to be merely 
measures of retaliation on her enemy, and which she avows 
and will retract as soon as the causes which have given 
occasion to them are withdrawn. The other, in addition 
to depredation and conflagration, treats us with the utmost 
contumely and disdain : she admits not that we possess the 
rights of sovereignty and independence, but undertakes to 
legislate for us, and declares, that whether we are willing 
or unwilling, she considers us as at war with her enemy : 
that she has arrested our property, and would hold it as 
bail for our obedience, until she knows whether we will 
servilely echo submission to her mandates. 

" There can be no doubt that the conduct of the belliger- 
ents gave rise to the embargo. But if this measure has 
been proved, by experience, to be inoperative as regards 
them, and destructive only as it regards ourselves, then ev- 
ery dictate of magnanimity, of wisdom and of prudence, 
should urge the immediate repeal of it." Mr. Lloyd 
proceeded to show the great and extensive injury pro- 
duced by the measure to the commerce and navigation of 
the United States, and its impotency as a means of an- 
noyance or of coercion to the belligerent powers of Europe. 
But the eloquence and the arguments of the patriotic sen- 
ator produced no effect, at the time, on the national coun- 
cils, and the embargo was continued several months longer. 

In referring to the embargo, in his message to Congress, 
November, 1808, the President used the following language : 
" No event having occurred, (although propositions were 
made both to the French and British governments for the 
purpose,) on which a suspension of the the embargo by the 
executive was authorized, it remains in the full extent ori- 
ginally given to it. We have the satisfaction however to 
reflect, that in return for the privations imposed by the 
measure, and which our fellow-citizens in general have 
borne with patriotism,* it has had the important eflects of 
saving our mariners and our vast mercantile property, as 
well as affording time for prosecuting the defensive and 
provisional measures, called for by the occasion. It has 

* The people did indeed manifest their patriotism during an unlimited and 
protracted embargo. But their remonstrances against the measure were con- 
stant and strong. Some able statesmen deemed the measure unconstitutional ; 
still the people did not openly resist or forcibly oppo.se ; although they did, in 
many instances, evade it. And this afforded proof that they, who had most 
to risk or to lose, were disposed to send their vessels to sea, when they could 
do it with a prospect of not being detected. 



1808] JEFFERSON. 167 

demonstrated to foreign nations, the moderation and firm- 
ness which govern our councils, and to our citizens the ne- 
cessity of uniting in support of the laws and the rights of 
the country ; and thus long frustrated those usurpations and 
spoliations, which, if resisted, involved war; if submitted 
to, sacrificed a vital principle of our national indepen- 
dence." 

The other topics referred to in the President's message 
at this time, were the failure of the negotiations with Great 
Britain, relating to the attack on the frigate Chesapeake, 
and to disputes of an older date, concerning the rights of 
neutrals, the doctrine of blockades, and the British orders 
of council, so injurious to the navigation and commerce of 
the United States. But no new matter on these subjects 
•was communicated to Congress. 

The condition of the Indians within the United States, 
was also noticed in the message ; and it was stated that no 
difficulties or disputes of a serious nature had then recently 
occurred. The President informed Congress that he had 
not deemed it necessary to call for detachments of the mi- 
litia, as he had been authorized ; but he expressed an 
opinion, that in the following year it might be proper to 
have them in readiness for eft'ective service. He had, how- 
ever, given orders for raising an additional military force, 
and had appointed as many officers for that object as ap- 
peared to be necessary. The seacoast had also been forti- 
fied in several places, as Congress had authorized, and one 
hundred and three gunboats had been built during the year 
1808. 

This was the last annual message of President Jefferson 
to the national legislature ; and closed with the following 
paragraph : — 

" Availing myself of this last occasion, which will occur, 
of addressing the two Houses of Congress at their meeting, 
I cannot omit the expression of my sincere gratitude, for 
the repeated proofs of confidence manifested to me by them- 
selves and their predecessors, since my call to the adminis- 
tration, and the many indulgences experienced at their 
hands : and the same grateful acknowledgements are due 
to my fellow-citizens generally ; whose support has been 
my great encouragement under all embarrassments. In the 
transaction of their business, I cannot have escaped error • 
it is incident to our imperfect nature. But I may say, with 
truth, my errors have been of the understanding not of in- 
tention : and that the advancement of their rights and in- 
terests has been the constant motive for every measure. 



168 FEDERAL GOVERNMENT, [1808 

On these considerations, I solicit their indulgence ; looking 
forward with anxiety to their future destinies, I trust, that 
in their steady character, unshaken by difficulties, in their 
love of liberty, obedience to the law, and support of public 
authorities, I see a sure guarantee of the permanence of 
our republic ; and, retiring from the charge of their affairs, 
I carry with me the consolation of a firm pursuasion, that 
Heaven has in store for our beloved country, long ages to 
come of prosperity and happiness." 

The general policy and measures of President Jefferson 
were disapproved by a large portion of the people ; and 
among them were some of the most intelligent, and pa- 
triotic citizens in the United States. The principal charges 
made against him were, an early dislike to the federal Con- 
stitution ; an undue attachment to France, during the war be- 
tween that nation and Great Britain : an imprudent censure 
on the political conduct of his predecessors ; an opinion that 
settled maxims and rules should yield to the popular will, 
or popular clamor under excitement; an imfriendly dispo- 
sition towards commerce and a navy ; and a dangerous 
theory respecting the judicial department of the govern- 
ment, as if it should not be independent of the chief magis- 
trate, or of an accidental and temporary majority in the 
legislature. Perhaps his political opponents sometimes 
charged him unjustly or uncandidly. But before he came 
into office, as President, he had given an opinion, that the 
Constitution was defective, and the government under it 
too closely assimilated to monarchy ; and that the measures 
of his predecessors were impolitic, if not indicative of anti- 
republicanism. He had thus exposed himself to the criti- 
cisms of a portion of the people ; and prejudice, therefore, 
might have had some influence in the severe strictures 
made on his leading measures. It cannot be denied that 
his views and policy differed, in some respects, from his il- 
lustrious predecessors. Nor can it be any more justly 
doubted, that his political opinions and conduct served to 
lessen, in some measure, the stability and permanency of 
the republic ; by emboldening visionary and unprincipled 
men, many of whom were aliens, and who could vociferate 
most loudly for liberty, but had not a due respect for law 
or the Constitution. His appointments and removals from 
office, in many cases, justified the belief, that he had no 
particular sympathy for the officers of the revolution ; while 
Washington, who was the first president, after the forma- 
tion of the federal government, selected most of them to fill 
offices of honor and profit. 



1809] ' MADISON. 169 



CHAPTER VIII. 

James Madison elected President. Foreign Relations Embarrassed. Arbitra- 
ry Measures both of French and English Government. Interruptions of 
American Commerce. Difficulties of the Period. Embargo. Non-inter- 
course with Great Britain. Unsuccessful Attempts at Negotiation. Indi- 
cations of War. Conduct both of British and French Justify Resistance. 
Opposition or Reluctance to War. A War Party, and a Peace Party. War 
declared. Small Majority in Favor. President disposed to Avoid it. 

Mr. Jefferson retired from the Presidency the fourth of 
March, 1809, having held the office of chief magistrate of 
the Union for eight years ; and James Madison, of Virginia, 
was chosen to succeed him. The former was not a candi- 
date, at this time, for a re-election ; the reason offered for de- 
clining was, to conform to the precedent made by Vi'"ash- 
ington, who did not think it proper for one person to hold 
the office beyond two terms of four years each. Mr. Mad- 
ison had been several years a member of Congress ; one of 
the Convention which framed the federal Constitution, and 
Secretary of State, during the presidency of Mr. Jefferson ; 
whose policy he approved and followed. Congress met in 
May, 1809, agreeable to a law passed in the month of Jan- 
uary previous. The critical state of the nation was con- 
sidered a sufficient reason for fixing on so early a day. 
War was then apprehended with England or France ; and 
the disputes, of long standing, were attended with as great 
difficulties as at any former period ; and seemed to be 
hastening on an important crisis. At this session, the act 
interdicting commercial intercourse between the United 
States, and Great Britain and France, passed in March, 
1809, was continued, with some modifications. The first 
act was adopted soon after the ertibargo had been repealed ; 
and extended to vessels belonging to France, as well as to 
England ; the armed ships of the latter only having been 
prohibited by the proclamation of the President, issued in 
July, 1807, on the occasion of the attack of the British 
ship of war on the frigate Chesapeake. No very material 
alterations, however, made in the former law, so as to re- 
store the intercourse which had existed before the decrees 
and orders of the two European belligerents, Avere adopted ; 
or to permit the entrance of their vessels into the harbors of 
22 



170 FEDERAL GOVERNMENT. [1809 

the United States, except in particular cases, and under spe- 
cific restrictions. This extra session was short, and ter- 
minated on the 28th of June. 

Soon after the departure of the British Envoy, who had 
been sent to the United States to declare the attack on the 
frigate Chesapeake unauthorized by his government, and to 
tender reparation for the indignity, in which he did not 
succeed, under the instructions and powers given Iiim ; the 
resident minister of that Court at Washington made a prop- 
osition to the American administration, which was favor- 
ably and promptly received, and gave a strong hope of an 
amicable settlement of the protracted disputes between the 
two nations, relating to commercial rights and pursuits. It 
was of the following purport — " That the British Orders in 
Council, issued and repeated in 1807. should be withdrawn 
in June then ensuing, so far as affected the United States, 
provided the intercourse should be renewed between Amer- 
ica and Great Britain." The President issued a proclama- 
tion on the 19th of April to that effect ; to be in operation 
after the first of June, following ; as he was empowered by a 
previous act of Congress. The British minister, also, of- 
fered reparation for the attack on the Chesapeake; and 
further stated, that an Envoy would be sent to the United 
States with full power to treat on all the subjects which 
were in dispute between the two governments. But this 
auspicious hope, so cordially welcomed, was soon destroyed, 
by a refusal of the British government to sanction the over- 
ture ; with a declaration, that no such authority or instruc- 
tions had been given to their minister. And the President 
thereupon issued another proclamation, in August, de- 
claring the act of non-intercourse to be revived and in full 
force. The British government had the justice to issue a 
particular order, to prevent the seizure of American vessels 
which had sailed after the first proclamation. But the 
feelings of the American people were greatly irritated by 
this transaction; and a war with England, if proposed, 
would have been more popular than at any former period. 

It could not, however, be denied that the British minister 
had exceeded the authority given him in his instructions; 
and he admitted that he had done so, when he said, in a letter 
to his government soon after, " That nothing would have 
induced me to deviate, in any degree, from the orders I 
had received, but a thorough conviction, that by so doing 
I should accomplish the object, which his majesty had in 
view; when, by too strictly adhering to the letter of my 
instructions, I might lose the opportunity of promoting es- 



1809] MADISON. 171 

sentially his majesty's interests and wishes." The Envoy 
was soon recalled, and another appointed in his stead. 

The promptness with which the administration met the 
proposition of the British Envoy, served to remove the 
snspicion of its being averse from pacific purposes towards 
England; and that government was now generally cen- 
sured, though its conduct after the affair of the Chesapeake, 
was admitted friendly and honorable. Its policy was too 
injurious to the American commerce, under the revival of 
the arbitrary rule of 1756, which it adopted towards neu- 
trals, to find many willing to apologize for the depredations 
committed ; and the plea of retaliating on France for the 
arbitrary decrees of the Emperor, did not appear a suffi- 
cient justification. There was probably no desire on the 
part of the Court of Great Britain to provoke a war with 
the United States ; but in the situation that nation then was, 
surrounded with difficulties and dangers on every side, and 
struggling, as it were, for existence, it was natural to re- 
sort to extreme measures for defence, where former prac- 
tice and precedents alforded a plausible pretext for the 
course pursued. With the avowed design of destroying or 
weakening the power of the other, each of the belligerents 
inflicted great injury and great injustice on the American 
commerce, and called forth the feelings of resentment to 
such a degree, that the most expensive measures for de- 
fence would have been approved ; though war might not 
have been justified, without further attempts at nego- 
tiation. 

Another Envoy, appointed by the British government, 
arrived at Washington in the latter part of the year 1809. 
He was directed to state the reasons for a refusal to 
confirm the agreement made by his predecessor with the 
American government in April ; and authorized to form a 
Convention on commercial subjects with the United States. 
But he displayed less of a mild and conciliating spirit than 
the former ambassador from that court ; and was so anx- 
ious to vindicate the honor of his own government, that he ' 
made insinuations on the character of the American cabi- 
net, unusual in a diplomatic correspondence. He appeared 
disposed not to make concessions, but to deal in censure 
and criminations. His principal charge was, that the 
President and his Secretaries must have known that his 
predecessor had deviated from his instructions, and exceed- 
ed his powers, when he made the agreement which was 
afterwards disapproved by the British government, and 
that the President, therefore, could not justly complain of 



^73 FEDERAL GOVERNMENT. [1809 

its rejection. This charge was reiterated by him, after it 
had been denied by the American Secretary ; and however 
he might be satisfied, that other terms were substituted for 
those imposed on the British Envoy, and with the full per- 
ception of the American administration, it was deemed 
highly improper in him to make and repeat the insinuation. 
The President may be supposed to have perceived, that the 
terms of the Convention of April, 1809, were a departure 
from the directions given to the British Envoy, who agreed 
to it, and yet not to have known that such were all or the 
only instructions he had received. It was not for the 
American administration to ascertain the full extent of the 
authority of the Envoy, but to make the most favorable 
treaty to which he would give his assent. This was a 
difficulty to be adjusted between the British government 
and its public agent. And while that government claimed 
the right to reject it, without subjecting itself to the charge 
of wishing to produce a war between the two countries ; 
the President of the United States did not render himself 
liable to insult or censure for forming a Convention the 
most favorable to be made with the British Envoy. The 
correspondence with the new minister from England was 
maintained for some weeks, but each party considered it- 
self harshly treated, and uncourteous language was used 
by each ; and the President, after several letters passed be- 
tween them, directed the Secretary of State to receive no 
further communication. The oifensive expressions con- 
tained in these notes were rather of a personal nature, or 
on account of supposed insinuations against the honor of 
the administration ; the merits of the controversy between 
the two governments were not discussed. 

By the abrupt termination of this attempt at negotiation, 
and the failure of several former efforts for that purpose — 
as the rejection of the treaty signed by the American En- 
voys in London, in 1807 ; the declining to treat with the 
British minister, deputed to offer reparation for the affair 
of the Chesapeake ; the non-acceptance, by Great Britain, 
of a Convention made in 1809 — the prospect of maintain- 
ing friendly relations with England was greatly obscured, 
and war appeared almost certain and inevitable ; except 
that neither nation was disposed to adopt such an alterna- 
tive ; and both, probably, believed its interests would suffer 
by it 

The principles advanced by the British government, 
however founded in former precedent, or necessary to the 
prosperity of that country, were such as an independent, 



1809] MADISON. 173 

powerful and neutral nation could not fully admit. The 
British insisted on the right to their native subjects, and to 
search for and seize tliem, if found in the merchant vessels 
of neutrals ; to prohibit to a neutral nation the colonial 
trade, in time of war, which it was not allowed to use or 
profit by, in peace : thus preventing the trade, in American 
vessels, from the colonies of France or Spain to the ports in 
the parent country, which, in time of peace, those nations 
had respectively monopolized. To these claims, the gov- 
ernment of the United States was not disposed to yield ; 
but offered to repeal the act closing their harbors and ports 
against the British ships of war ; and to suspend the non- 
intercourse system as to that nation, while they should be 
in force against France, so long as it continued its obnox- 
ious and injurious decrees. The subject of impressments 
also presented great difficulties. But the claims and prop- 
ositions of the American government were such, that the 
British ministry could not be justly censured for not admit- 
ting them. 

The British minister left Washington immediately on 
receiving notice that no further communications would be 
received from him, November, 1809 •* and took up his res- 
idence in New York : and the President, by his Envoy ia 
London, requested his recall. This was accordingly done,, 
in March following ; but without any censure expressed, 
as to the conduct of the Envoy, or the offer of any apology 
to the American government for the insult which it Was 
alleged he had given. Nor did the court of England deem 
it necessary, or expedient, for some time, to appoint another 
minister to the United States. It was not disposed to declare 
war, nor to abandon its claims, however strongly opposed 
by the American administration, of a right to take its own 
subjects from merchant vessels, to enforce its doctrine re- 
lating to blockades, and to prevent the trade by neutrals 
between the colonies and their parent country in Europe, 
in war, as well as in times of peace. The non-intercourse 
and non-importation acts of the United States, operated in 
some measure, to restrict the trade of Great Britain ; but 
this inconvenience was far less than to have consented to 
the demands of the American government, while the French 
decrees remained in force. 



* On the 13th of November, he published a circular, in which he reiterated 
the assertion, that the President should have known his predecessor had ex- 
ceeded his authority, and insinuated that duplicity and prevarication were 
chargeable against the administration. This act was generally considered 
highly indecorous, and excited the mdignation of the people in all parts of the 
Uuion. 



174 FEDERAL GOVERNMENT. [1810 

The American Envoy to Great Britain was continued, 
though not without some hesitation, and a disposition to 
recall him ; the British Premier having often expressed his 
intention of appointing another minister to the United States, 
during the summer of 1810: but early in 1811, he was 
directed to leave the court of England, and return to Amer- 
ica. He had, however, after the departure of the British 
Envoy, near the close of 1809, been instructed to continue 
or renew negotiations with the government of Great Britain, 
" relating to wrongs committed on the high seas, or other 
waters," and ''for establishing the principles of navigation 
and commerce between the two nations." But his efforts, 
under these instructions, proved altogether unavailing. 

The French and British decrees, so injurious to the com- 
merce of the United States, and by the American govern- 
ment believed to be violations of the rights of neutralnations, 
being still in force, after repeated remonstrances against 
them, and various attempts to procure their repeal by ne- 
gotiation, Congress passed a law, in March, 1809, interdict- 
ing all commercial intercourse between the United States 
and those countries. The act, however, was limited to the 
end of the next session of Congress ; and the law, imposing 
an embargo, passed in December, 1807, it was also enacted, 
should be repealed at the same time. 

Pursuing this policy, and in connection with the act of 
March, of 1809, the President was authorized, by another law 
of Congress, passed in May, 1810, " in case either Great 
Britain or France should, before the first of March follow- 
ing, revoke her edicts, or so modify them, that they would 
cease to violate the neutral commerce of the United States," 
to declare the fact by proclamation; and that, on the omis- 
sion of the other nation to revoke, or so modify her edicts, 
the act interdicting commercial intercourse between the 
United States, and France and England, passed in February, 
1809, should continue in force as to such nation." The 
act vesting such authority in the President, was soon after 
made known to the court of France ; and the French 
minister for foreign aff"airs immediately addressed a note to 
the envoy of the United States, then in Paris, dated August, 
1810; in which he stated, " that the Berlin and Milan de- 
crees, issued by the Emperor," (which had justly given 
great offence to the American government and people,) 
'' were revoked, and would cease to have effect after the 
first of November following." 

But the contents of this note of the French minister 
were not sufficiently intelligible or satisfactory, to meet the 



1810] MADISON. 175 

approbation of the people of the United States generally ; 
and yet the administration gave a more favorable construc- 
tion to the document ; and in November, immediately after 
the note was received at Washington, the President issued 
a proclamation, declaring the restrictions imposed by the 
act of Congress of May, 1810, were removed or repealed 
with regard to France. 

In his note, giving notice that the Berlin and Milan decrees 
were revoked, the French minister of foreign affairs was 
pleased to observe, " that his government had adopted this 
measure, because the Congress of the United States had 
retraced its steps, and had engaged to oppose the belligerent 
(England) which refused to acknowledge the rights of neu- 
trals." The following language was somewhat equivocal, 
and served as an apology afterwards for the French gov- 
ernment, in not fulfilling the promise, which it was under- 
stood to have given. " It being understood (or on condition) 
that the English shall revoke their orders in council, and 
renounce the new principles of blockade which they have 
wished to establish ; or that the United States shall cause 
their rights to be respected by the English." 

Trustmg to the sincerity of this declaration, and believing 
in the pacific spirit of the French government towards the 
United States, the President issued a proclamation the first 
of November, declaring that the French decrees were in 
fact revoked, and that the non-intercourse law would be 
revived and in force as to Great Britain, unless her orders 
in council should be revoked in three months from that date. 
The wisdom of this measure was questioned by the political 
opponents of the administration ; because the decree, said 
to have been adopted, was not published in extenso^ with 
its date, and was to have effect at a future day ; and that 
on certain conditions, of which the American government 
could not guarantee the performance, without declaring war 
against England, if she did not also revoke the orders in 
council — which were as injurious to France as to the United 
Stales. Nor was there any engagement, at the time, on the 
part of the French government to provide indemnity for its 
extensive depredations on American commerce, committed 
under its several former edicts ; notwithstanding the dec- 
laration of the President, that the restoration of property so 
seized, must follow the repeal. Subsequent events served 
to prove, that the Emperor of France did not intend to re- 
voke his decrees, in fact, unless Great Britain should also 
withdraw her orders affecting neutral commerce, or the 
United States should declare war against that nation. In- 



176 FEDERAL GOVERNMENT. [1810 

deed, after the first of November, American vessels and 
their cargoes were seized and held for sequestration, in order 
to ensure future measures by the government of the United 
States, agreeable to the policy and wishes of the Emperor, 
And several months later, March 1811, he declared, "that 
the decrees of Berlin and Milan were the fundamental laws 
of his empire." A new Envoy from France, who arrived 
about this time, gave official notice also to the federal ad- 
ministration, that no remuneration would be made for the 
property sequestered. 

In the meantime, the President urged on the British gov- 
ernment a revocation of the orders in council, against which, 
he and his predecessor had repeatedly remonstrated as 
injurious and unjust ; and in this application, he assumed 
that the French edicts were repealed. And yet, on the 
arrival of the French Envoy, there was no official or direct 
notice made by him to the President, that the Berlin and 
Milan decrees were really revoked ; and the Secretary of 
State, in an address, soon after published by him, expressed 
his full belief, that they were not withdrawn, and no assur- 
ance given when they would cease to operate. In March, 1811, 
however, in this state of uncertainty, as to the past acts or 
future policy of France, Congress declared its approbation 
of the measure of the President adopted by his proclamation, 
and passed a non-intercourse act against Great Britain. 

The British ministry were not so credulous, and insisted, 
that the decrees of the Emperor were not actually repealed ; 
and that the proclamation of the President and the subse- 
quent law of Congress, interdicting all commercial inter- 
course with that nation, was partial and unjust. And thus 
the unfriendly feelings, which dictated complaints both from 
the government of the United States and England, against 
each other, were continued and increased. The British 
government was tenacious of the policy it had adopted, 
relating to neutrals ; and pleaded, that its interests rendered 
it peculiarly necessary to be pursued at that time. There 
had then been no ambassador from England near the federal 
government, for some time. The American minister — Pinck- 
ney — retired from the British court, early in 1811 ; but an 
Envoy was soon after appointed to the United States, with 
instructions to renew the offer of reparation for the attack 
on the frigate Chesapeake ; and to make other explanations, 
with a view to prevent the calamities of war, which was 
then apprehended would take place. Nothing very favor- 
able resulted from this embassy ; though the British minister 
remained at Washington till the declaration of war against 



1811] MADISON. 177 

Great Britain by the American government. The terms of 
reparation for the affair of the Chesapeake, formerly ten- 
dered by the British Envoy in 1809, were, however, ac- 
cepted in November, 1811; which were a disavowal of the 
attack by the British government ; a restoration of the men 
taken from that vessel ; and compensation to the families 
or relatives of those killed or wounded at the time of the 
attack. 

Several important measures were adopted or proposed at 
the session of Congress, which began in December, 1810, 
and continued to the third of March, 1811 ; which serve to 
indicate the views and policy of the administration of that 
period. The act relating to commercial intercourse between 
the United States and Great Britain and France, which had 
been sometime in force, was modified in part, but in such 
manner as to afford no advantages to merchants; and rather 
to embarrass and injure the trade with England. For cer- 
tain parts of the former act had been repealed, so as to in- 
duce mercantile enterprise to British ports; but now they 
were revived, and the goods imported from Great Britain 
made liable to seizure ; and bonds were required of those 
who imported them, to await a legal decision. 

Louisiana was made a separate and distinct State, with 
the privileges of other States in the Union ; but great op- 
position was made to the measure, on the ground of uncon- 
stitutionality, as it was not a part of the original territory 
of the United States. It was included in the tract of country 
purchased of France in 1803. And it was contended, that, 
according to the true meaning and intent of the Constitution, 
new States were to be formed, only by a division of one of 
the original thirteen States ; or within the territory ceded 
to the United States, by the treaty of peace Avith Great 
Britain in 1783. But a large majority of Congress was in 
favor of the admission of Louisiana as one of the United 
States. 

During this session, the question was agitated in Con- 
gress, of the propriety and expediency of taking possession 
of West Florida, by an armed force ; on the plea that it 
was included in the territory of Louisiana, which had been 
purchased of France. Without authority of Congress, the 
President had ordered troops to march from the territory of 
Mississippi into Florida, and to take possession of the 
country in the name of the United States. And this order 
of the Executive was given, on the supposition that Florida 
was part of the territory which had been purchased. The 
Spanish authorities refused to surrender it, when demanded 
23 



178 FEDERAL GOVERNMENT. [1811 

by the general of the United States army, which invaded 
it ; and it was so donbtful, whether the claim to the territory 
asserted by the administration was just and valid, that 
Congress did not see fit to urge it at the point of the bay- 
onet ; and the troops were soon withdrawn by orders of the 
federal Executive. 

The act of incorporation of the United States Bank, which 
was passed in 1791, was now about to expire ; and a prop- 
osition was made to renew it. The importance of contin- 
uing the Bank, for the benefit of the public finances, and 
for individual enterprise, and for the monetary intercourse 
between distant parts of the Union, was strongly urged, 
but without success. There was a small majority in the 
national legislature, at that time, opposed to the institution. 
The Senate was equally divided on the question ; seventeen 
members being in favor of a renewal of the charter, and 
seventeen against it; and the President of the Senate also 
gave his voice in opposition to it. 

Further eflbrts v/ere made by the American administration 
to conciliate the favor, or to prevent the hostile measures of 
the French Emperor. And another Envoy was deputed to 
the court of France, in 1811, with instructions and powers 
to form a treaty, particularly relating to the interests and 
pursuits of commerce. He was received with courtesy ; 
and intimations were repeatedly given by members of the 
French cabinet, that it was desirous of settling a commercial 
convention. But the Emperor was deeply engaged in plans 
of extending his power through continental Europe ; and a 
part of his system was to exclude British goods and man- 
ufacturers, to produce all possible injury to his formidable 
enemy ; in accomplishing which, he believed, the commerce 
of the United States must be restricted, or be wholly under 
his control. The Envoy of the United States proposed, 
that as they had lost the trade to Great Britain, free inter- 
course should be had with the continent of Europe ; but 
after a long time for considering the proposition, it was re- 
jected as interfering too much with the plans and pohcy of 
the Emperor. And all this was borne by the American 
administration with patience, and almost without complaint. 
There is but one consideration, which presents itself, 
consistently with patriotic and impartial views in the ad- 
ministration, from 1801 to 1812 ; and that is a belief in the 
two Presidents for that period, that the conduct of Great 
Britain was alike injurious and unjust ; and that the designs 
of her statesmen were directly hostile to the prosperity of 
the United States. And that the Emperor of France, with 



1811] MADISON. 179 

a few occasional and light trespasses on American commerce, 
and even these committed in defence of the great cause of 
human rights and civil Uberty, should be considered the real 
friend of the United States ; and his conduct therefore be 
endured as the wholesome discipline of a political friend. 
This supposition was advanced as an opology for the meas- 
ures adopted by the government of the United States. But 
with this admission, the wisdom of the political course, 
pursued at that time, seems not to have been fully demon- 
strated by the events which followed. As was said, by a 
distinguished member of the Senate, from the State of Con- 
necticut, " the path for the administration to pursue was as 
plain as a turnpike — the two belligerent nations should have 
been treated with strict impartiality — an embargo laid for a 
short and limited period ; permission to merchants to arm their 
vessels ; and such measures of defence, both on the land 
and on the ocean, as the state of the country afforded, and 
as would, in a great measure, prove efficient for the purposes 
of commercial protection ; and the manifestation of a proper 
spirit to maintain the rights of the nation." The system 
of gunboats merely for the harbors and coasts of the United 
States, was declared by him, and in this opinion a great 
portion of the citizens in the Atlantic States agreed with 
him, to be but an apology for, if not designed to cast ridicule 
on, a proper naval force. And it was the belief of a large 
and respectable minority in the country, that greater efforts 
should have been made to defend and maintain the national 
rights on the ocean, instead of a voluntary abandonment, 
or suspension of them, on account of the ambitious projects 
or capricious despotism of any foreign power. 

This protracted period of commercial interruptions and 
restrictions was attended, as might have been anticipated, 
by a great reduction in the trade and revenue of the United 
States. The exports were much reduced in 1808, 1809, 
and 1810 ; and the imports suffered corresponding depres- 
sion ; so that it became necessary to resort to loans, to meet 
the demands on the public treasury. A system had long 
been in operation, even from the third year of the federal 
government, and under the provident administration of the 
first President, to reduce the principal of the national debt : 
and a large sum was appropriated by law, to be annually 
applied to that object. In May, 1810, a law was passed, 
authorising a loan, equal to the amount of the public debt, 
which was reimbursable that year, And thus, though the 
annual reduction of the public debt took place, nominally, 
a large amount was actually borrowed, to maintain the 
credit of the United States. 



180 FEDERAL GOVERNMENT. [1812 

The American minister long remained at the court of 
France; expostulating with its ministers, for unfriendly 
and injurious acts towards the United States ; and impor- 
tuning for justice, and for some proofs of really amicable 
intentions in favor of the American government. But no 
direct and satisfactory answer was given to these repeated 
applications of the American Envoy. After several months 
of delay on the subject, the Emperor was pleased to decree, 
" that so long as the British orders in council were unre- 
pealed, and the principles of the treaty of Utrecht (1713) 
with respect to neutrals, were in operation, his edicts of 
Berlin and Milan must remain in force, as to those nations 
which should suffer their flag to be denationalized.^^ This 
was at once decisive as to the policy and views of the Em- 
peror, and as to the designed inoperativeness of the alleged 
repeal of those decrees, as stated and promised in August, 
1810. And when the British government was urged a sec- 
ond time to withdraw their orders in council, on the plea by 
the American minister, that the French edicts were repealed, 
they declared, " that whenever those edicts were absolutely 
and unconditionally repealed by an authentic act of the 
French government, publicly 'promulgated.^ their orders 
would be revoked." In April, 181 2, the British ministers 
issued a declaration, or state paper, in which they gave a 
concise statement of events which preceded their orders of 
council, and mentioned the terms for their revocation. In 
this official document it was again declared, " that, if at 
any time hereafter, the Berlin and Milan decrees, shall by 
an authentic act of the French government, publicly pro- 
mulgated, be expressly and unconditionally repealed, then, 
and from thenceforth, the order in council of January, 1807, 
and of April, 1809, shall, without any further order be, and 
the same are wholly and absolutely revoked." Hence it 
appears, that the British government did not, in April, 1812, 
consider the French edicts repealed. JXor could there be 
any just complaint against England for requiring proof of 
the actual repeal of the French decrees ; though there was 
good reason to object to her orders, so injurious to neutrals, 
and especially to the United States. 

Afterwards, when in the month of May, 1812, the de- 
cree of the French government of April, preceding, was 
communicated to the British court by the American minis- 
ter, the repeal of the Orders in Council followed, in June. 
But before the intelligence of this repeal reached the United 
States, war had been declared by Congress against Great 
Britain, and the door to reconciliation was unhappily closed. 



1812] MADISON. 181 

For, probably, there would not have been a resort to war^ 
had there been no deception and no prevarication in the 
case by the government of France; there being evidence 
abundantly sufficient to show, that the British government 
would have readily repealed its obnoxious orders of council 
on direct and full assurance that the decrees of the Em- 
peror, dated at Berlin and Milan, were actually revoked. 

The reasons publicly given for the declaration of war 
with England were, in substance, as follows : — The im- 
pressment of American seamen by the commanders of 
British ships of war ; their doctrine and system of blockade ; 
and the adoption and continuance of the orders in council 
of that government ; which operated extensively to the 
interruption and injury of the American commerce. The 
two latter, it was said, were not to be tolerated by civilized 
communities, being founded not in right or justice, but in 
force; and that the former was utterly inconsistent with 
the honor and attributes of an independent nation. To 
which was added, a long and unsatisfied demand for re- 
muneration on account of depredations, committed by the 
subjects of that government, on the lawful commerce of the 
United States. 

War with England had evidently been contemplated 
by the American administration for some time previously 
to its formal declaration. No patriotic citizen of the United 
States justified the conduct of the British government, in 
all respects. Some of its orders and measures were inju- 
rious in their effects, and arbitrary and unjust in their char- 
acter ; but these did not render a war necessary. It was 
also apparent, when all the facts were known, that the 
cabinet gave a too high coloring to British acts of aggres- 
sion ; and endeavored to keep out of sight, or to cast a 
shade on the more arbitrary measures of the French gov- 
ernment. 

The people generally did not approve of the war, though 
they acquiesced in the measure when thus legally adopted. 
And some of the leading friends of the administration were 
known to be opposed to it. The measure was adopted in 
the House of Representatives by a small majority ; but did 
not pass the Senate till fourteen days, after the question 
was first submitted to that body, though pressed by sever- 
al members. At first it was evident that the majority was 
against war ; and a proposition was made on which the 
Senate was equally divided, at the first vote, for granting 
reprisals against the commerce of Great Britain, by public 
or private ships of the United States ; but after several 



182 FEDERAL GOVERNMENT. [1812 

days of discipline and urging, a majority voted in favor of 
it. It was the opinion of a great portion of the United 
States, that injury had been received from both France and 
England ; equally from the former as from the latter ; but 
to make war on both would be unwise ; and that it was 
not necessary, to the maintenance of the nation's rights to 
make war on either. The administration was in favor of 
a ditferent course ; and chose war with Great Britain rather 
than with France. A few months delay of this decision, 
so disastrous in its effects, might have prevented the sad 
alternative ; for the British Orders in Council were repeal- 
ed in June, soon after an authentic assurance was given that 
the French decrees had been revoked. It was afterwards 
made evident, also, that some of the French state papers, 
then recently received, were not laid before Congress, when 
the measure of war was under discussion ; and these so ex- 
ceptionable and insolent, that, had they been communi- 
cated at the time, the majority of the national legislature 
would not have consented to the declaration of hostilities 
against England. 

The declaration of war was preceded by an Act of Con- 
gress, of the fourth of April, imposing an embargo for 
ninety days; which, with other Acts passed by the federal 
government, at the time, indicated its ultimate object, 
though the opinion was still expressed by many of the citi- 
zens, that such an extreme measure would not be adopted. 
For, in addition to the fact, that the nation was not pre- 
pared to engage in and prosecute a war with efficiency 
against so formidable a naval power as England, the ne- 
cessity of such a measure did not appear, from considera- 
tions either of national rights or interests. Neither the lib- 
erty nor the territory of the United States was directly at- 
tacked ; and the injuries received were rather incidental 
than designed to operate unfavorably on the commerce of 
the United States. Nor was it perceived, that a war, if 
prosecuted with ability and energy, would procure the re- 
cognition of principles and claims advanced by the Amer- 
ican government, in the declaration of hostilities. Events 
soon proved the correctness of these opinions, expressed at 
the commencement of the war, as well as before a formal 
declaration was made. For peace was earnestly sought 
and made by the American administration, within three 
years after it was declared, without obtaining the admis- 
sion of Great Britain, of the doctrines first asserted and in- 
sisted on, as indispensable to a future amicable treaty or 
compromise. 



1812] MADISON. 183 

There was also something surprising and unaccountable 
in the declaration of war, by the American government, at 
the time it was made ; as no very adequate means had 
been prepared for such a crisis. The people Avere thus left, 
to indulge in suspicions and apprehensions, that causes un- 
revealed and unknown to the nation, had an influence in 
producing this unexpected result. The only explanation 
to be given, and the conjecture best supported by circum- 
stances, then recently developed, was that a desire to pre- 
serve the friendship of the French government had an un- 
due influence in the alternative chosen by the political 
party then in power. That the declaration of Avar was 
hasty and improvident, was generally acknowledged after- 
wards ; and the effect was a more full and prevalent opin- 
ion against the policy of war ; and a resolution, in the re- 
flecting part of the people, to give greater influence to the 
benevolent and pacific principles of Christianity. 

It was not probably the design or purpose of the adminis- 
tration to oblige the British government, by the declaration 
of war, or by any naval force it could employ, to yield the 
points so long in dispute between the two nations. The 
American navy was comparatively small ; and the policy 
for ten years, had been to diminish, rather than to increase 
it. No large ships of war had been built, during that pe- 
riod, although efforts had been made by the minority for 
that purpose. A number of gunboats had indeed been 
prepared, but they were designed merely for the defence of 
the bays and harbors of the country. Nor had such pro- 
vision been made for the augmentation of the regular troops 
in the service of the United States, as the crisis, brought on 
by the administration itself, required, though some increase 
was ordered ; and resort was therefore early had to the aid 
of the militia for defence and safety. In April, 1812, one 
hundred thousand were ordered to be detached and equipped, 
in all the States of the Union, to be apportioned according 
to the population of each State. The detachment was 
made in several States ; but it was in the expectation that 
they would be employed only in case of invasion, or immi- 
nent danger of invasion, and for defence in times of great 
exigency, when the regular troops could not protect the 
places invaded. But it soon became manifest, that the 
militia were to be chiefly depended on, and must, therefore, 
be employed in a similar manner with regular troops ; and 
even be called forth to assist in invading and conquering 
the neighboring territory of Great Britain. Large bodies 
of troops, and of the militia, were ordered to the northwest- 



184 FEDERAL GOVERNMENT. [1812 

ern borders of the United States, where no other object could 
possibly be in view, than to take possession of and subdue 
a portion of the territory, by military force. For no inva- 
sion of the United States was then threatened by the Cana- 
dian provinces ; and a proclamation was issued by one of 
the American generals on that border, evidently intended 
to induce the people of Canada to submit to, and become 
connected with, the American federal government. 

That more adequate and efficient measures for the de- 
fence of the country were not provided, before war was de- 
clared, is proof that no invasion was then expected or feared. 
Great Britain had made no preparation for such an enter- 
prise, nor threatened it ; but, on the other hand, seemed 
desirous of maintaining amicable relations with the United 
States ; though unwilling to yield to the demands repeated- 
ly made, for a relinquishment of the doctrine of blockade, 
of impressment of seamen who were natural subjects of 
England, or of interdicting to neutrals the trade with her 
enemy in war, not permitted in a time of peace. On these 
points, the British government was tenacious and deter- 
mined ; and was ready to encounter the hostile movements 
of the United States, in addition to the attacks of European 
powers, rather than agree to the demands made of them ; 
leading, as they believed, to their own subjugation and 
ruin. 

The neglect of previous and seasonable preparation for 
war, was the occasion of extravagant expenditures after- 
wards* to place the nation in a sufficiently formidable atti- 
tude, either for defence, if invaded, or for an attack on the 
British provinces, as was early projected. Men and provi- 
sions were wanted for the extreme western military post at 
Detroit, in the vicinity of Upper Canada ; there not being 
an adequate force even for defence, much less for invading 
that territory, which was ordered. The regular army filled 
up but slowly, compared to the instant exigency and call ; 
but few volunteer companies were raised ; and though the 
militia were detached in several of the States, there was a 
reluctance generally in calling them into the field, until in- 
vasion should take place, or immediately threaten. 

A disposition, on the part of the British government to 
remain in friendship with the United States, was manifest- 
ed about the time the American Congress declared war 

* A law was passed in June, twelve days after the declaration of war, au- 
thorizing the issue of treasury notes, to the amount of five millions of dollars ; 
and at the following session of Congress, it was found necessary to issue ten 
millions more. 



1812] MADISON. 1S5 

against that nation, by repealing the orders in council, so 
injurious to neutral commerce, and the revocation of which 
had been often demanded by the federal executive. On 
satisfactory evidence, that the French edicts of a similar 
character were actually revoked, the British administration 
caused its orders to be withdrawn, June 22d ; and the 
intelligence of this repeal reached Washington the last of 
July. An armistice was also proposed by the British, but 
it was not accepted. For although it is very probable war 
would not have been declared by Congress, had the British 
Orders in Council been withdrawn, and the fact known in 
the United States before a formal declaration was made; 
these orders were not the only or chief reason given for 
resorting to that alternative. The principal cause of the war 
was stated to be the impressment of seamen, by the British 
commanders, from the vessels of the United States ; and as 
there was no engagement made by the British ministry on 
the subject, the armistice was not accepted, nor did the 
American government cease hostilities which had already 
commenced; and it was again explicitly announced, that 
until an adjustment was made on the subject of impress- 
ments, essentially agreeable to the views of the federal ad- 
ministration, the war would be prosecuted. 

A very interesting question arose at this period, involving 
a great Constitutional principle, as to the extent of the 
power of the federal executive over the militia; whether 
they were under his uncontrolled and merely discretionary 
direction ; or whether the authority of the general govern- 
ment to employ and command them was limited, and only 
to be exercised in certain specified exigences. The lan- 
guage of the Constitution, on this subject, is as follows r 
"Congress shall have power to provide for calling forth the 
militia, to execute the laws of the Union, suppress insur- 
rections, and repel invasions.'''' And when the President 
directed, the general officers of the United States army, to 
call on the governors of the respective States for the mi- 
litia, to be put under the command of those officers, in any 
case they might require, some of the governors declined 
so to call them forth and place them under command of an 
officer of the regular army ; but, at the same time declaring, 
that when there should be an actual invasion, or immediate 
danger of invasion, the militia would be ordered out to 
repel it, and to defend the coast invaded ; and be placed 
under the command of an officer in the service of the gen- 
eral government. 

The principal reasons given for declining to call out the 
24 



186 FEDERAL GOVERNMENT. [1812 

militia and place them under the command of officers of 
the regular national army, were, that it was inconsistent 
with the rights of the militia, as citizens, to dispose of them 
in this manner, and was converting them into a body of 
standing troops against their will ; and that the Constitu- 
tion evidently required their being called into public mili- 
tary service by authority of the federal government to repel 
invasion, unexpectedly arising, and no regular troops pre- 
pared for the defence of the country : the power over the 
militia, the citizen soldiers of a State, being vested entirely 
in the governor thereof; except in the emergencies particu- 
larly stated in the Constitution. The argument of the fed- 
eral administration, on the other hand, for claiming author- 
ity to call out the militia, as was done, at an early period, 
was, at least, plausible ; and some believed, sufficiently 
valid, to justify the call, and to charge the governors of the 
States who refused to order out the militia, with a gross 
and dangerous neglect of public duty. 

It was observed, that, as war had been declared, the 
whole country was exposed to attacks from Great Britain ; 
and that, both for defensive and offensive measures, the 
whole force of the United States should be subject to the 
control and direction of the federal executive, in such time 
and manner as he might judge necessary or proper. 

This is a most important subject ; and, as in 1812, there 
is still a difference of opinion, respecting the authority of 
the federal government over the militia. The doctrine as- 
serted at that period, by the friends of the administration, goes 
to destroy all State authority over the militia in time of 
war ; and to justify the employment of them by the general 
government, in the same manner with regular troops ; and 
thus power would be allowed an ambitious President to de- 
stroy the liberties of the people. And the extreme of the 
opposite construction, which would leave it to the governor 
of each State when, and where, to order out the militia, 
might often produce disastrous results. 

The opinion expressed by the men then in power in the 
federal government, was quite different from that which 
they had advocated a few years before, when they were in 
the minority. They had insisted on a rigid construction 
of the Constitution, and opposed all exercise of power in 
Congress and in the President, not plainly authorized by 
that instrument ; and contended strenuously for the right 
of authority in the State governments to act in all cases, 
not expressly granted to the general government. And the 
former administration and its friends had been charged 



1812] MADISON? 187 

with a design to exceed the powers given by the Constitu- 
tion, in its strong measures ; and as aiming unduly to re- 
strict and lessen the authority of a State. By claiming a 
right to command and control the militia, without the ap- 
probation or consent of the State authority, as was done in 
1812, the opposite doctrine was assumed to be correct ; and 
the practical result would be a concentration of the whole 
power and force of all the States in the hands of the Pres- 
ident and his agents, despite the dissent and remon- 
strance of the State authorities. The Constitution did not 
give an unqualified or unlimited authority over the militia 
to the federal government, but confined it to particular ex- 
igences ; and unless such occasions presented, the federal 
executive possessed no just authority to command or employ 
them. If the President, and his subordinate officers, had 
a constitutional right to call out and employ the miUtia, as 
asserted, they might require their services, and keep them 
under control, when and as long as they might order, under 
the pretence, that an invasion might take place at some 
future day, even in six or twelve months; and that it was 
necessary to be seasonably prepared to act for the defence 
of the country. The doctrine was so evidently liable to 
abuses and an arbitrary exercise of power, as well as in- 
compatible with the constitutional rights of the militia, that 
many political friends of the administration repudiated it 
by open and explicit declarations. 

In several States, where the militia were not called into 
the field, when war was first declared, and their services 
first required, the legislatures afterwards authorized the 
Governors to order them out, in the event of invasion, or of 
imminent danger thereof : and the militia were actually and 
readily employed, at subsequent periods of the war, when 
the territory of the United States was invaded, or the ap- 
pearance of the enemy on the coasts, or near the borders, 
indicated an intended attack.* 

When it was known, that the British orders in council, 
so justly complained of, and which furnished one of the 

* On application of the people near the northeast bounds of Maine, then 
part of Massachusetts, the Governor ordered several companies of milhia to 
march to that frontier for defence. They apprehended an attack from the 
British in New Brunswick; and satisfied the Governor they had sufficient rea- 
son to fear invasion at that time. He promptly ordered a military force for 
their protection, though he had declined to call out the militia of the State, 
when the war was first declared. He gave the federal executive notice of 
this measure, and declared his readiness to place the men under command of 
an officer of the United States for the purposes of defence. 



188 FEDERAL GOVERNMENT. [1812 

principal reasons for the declaration of war against that 
nation, were withdrawn, and cessation of hostilities or an 
armistice proposed, the people of the United States became 
more dissatisfied, and generally expressed a strong desire 
for renewed negotiations and for peace. The views and 
sentiments of a great portion, if not of the majority of the 
citizens, were probably justly expressed in the resohitions, 
referring to the war and the causes or pretences for it, 
adopted by a very large meeting in the city of New York, 
on the 19th of August, 1812 ; and given in the note below.* 

* "Resolved, that the legitimate objects of government is the public good, 
to promote which its powers ought to be exercised : That a free people have 
a right to form an opinion of the conduct of those entrusted with authority, and 
to express that opinion: That our national government is an association of the 
States, for their joint and several advantage: That exercising the powers of 
that association, to the great and manifest injury of its members, is a breach of 
trust: That to adopt rules of proceeding, by which the people are deprived of 
the power of expressing their sentiments through their representatives, is a 
violation of the first principles of representative government: That the pros- 
perity of the State is principally derived from agriculture and commerce: That 
the interests of these two great sources of national wealth and power are in- 
separable; wherefore, the war, lately declared, being destructive to the one, 
cannot but impair the other: That war, one of the greatest calamities which 
afflict mankind, is, when waged without just cause, an insult to the divine 
Majesty: That, if undertaken, however just the cause, without probability of 
success, is an act of extreme imprudence: That where the injury which must 
result is great and manifest, while the object to be secured is of trivial com- 
parative importance, the interest of a nation ought not to be hazarded; still less 
for the gratification of personal partialities or resentments: That the war, 
lately declared by a slender majority of Congress, is unwise: That the cir- 
cumstances, under which it was declared, were unfavorable: That the con- 
sequences, to which it leads, are alarming: That it is unwise, because if 
unsuccessful, the objects for which it is waged, whatever they may be, will 
probably be abandoned: [They were abandoned or waived:] That the more 
important those objects are, the more unwise must be a war which rashly puts 
them to the hazard: That if it be intended to establish national rights, it ought 
to have been considered, that those rights, though violated, could not, while 
claimed, be considered as abandoned; whereas, if at the end of an unsuccess- 
ful war, the nation should relinquish them for the sake of peace, they will be 
annihilated; or, at least, will depend on the issue of another bloody contest: 
That it would have been difficult to select a moment more unfavorable for a 
measure so portentous; the United States unprepared, the treasury empty, 
articles of primary importance omitted to be procured in season, and not now 
to be purchased, much of the funds of our mercantile citizens in the hands of 
those now by Congress made our enemies, property to a large amount afloat 
on every sea, the revenue impaired by imprudent commercial restrictions, and 
now by the war destroyed; the nation against whom the war is declared, com- 
pletely armed and possessed of ample means to protect herself and to annoy 
us, her fleet mistress of the ocean, and in a capacity to lay waste many of our 
maritime cities and towns: That a comparison of the condition, in which the 
two nations stood at the time of that declaration, and in which they now stand, 
is alone sufficient to show that in making it, our rulers were not possessed of, 
or did not exercise, a sound political discretion: That adefensive war is to be 



1812] MADISON. 189 

It was the largest assembly of respectable citizens ever 
witnessed in that place ; and was attended hy the most 
distinguished and experienced patriots of that city and 
vicinity ; among whom were John Jay, who had been a 
member of the first continental Congress, in September, 
1774, chief justice of the Supreme Court of the United 
States, secretary of foreign affairs in the time of the old 
Congress, Governor of the State of New York, and envoy 
extraordinary to the court of England, in 1794, appointed 
by Washington ; Rufus King, who was an early member 
of the old Congress, a delegate in the Convention for form- 
ing the federal Constitution, a Senator in Congress after- 
wards for several years, and then minister to Great Britain ; 
Governeur Morris, also one of the delegates in the Conven- 
tion which formed the federal Constitution, an envoy to the 
court of France, and late a Senator in Congress ; Egbert 
Benson, Judge of the District court of the United States, 
and many years before, a member of Congress; Matthew 
Clarkson and Richard Varick, distinguished patriots of the 
Revolution, and eminent for their public services and moral 
worth. The resolutions were prepared by these individuals. 

sustained by every effort and under the pressure of every calamity, but previous 
to the commencement of offensive war, common sense would have dictated to 
men of an ordinary capacity, to restore the revenue, to replenish the treasury, 
permit our citizens to bring home the wealth which in the course of a lucrative 
commerce they have scattered abroad; fill the military arsenals and magazines; 
and above all, build and equip a respectable navy: That a calm review of the 
conduct which has been pursued, and which is so utterly irreconcilable to the 
maxims of common prudence, so little commended by any facts which have 
been exhibited to public view, and so fatal to the dearest interests of this 
country, leaves no room to doubt of the alarming consequences to which it 
leads: That we are irresistibly drawn to the conclusion, that the American 
people will, under the name and form of an alliance, be submitted to the will 
and power of the French Emperor: That in this view of the subject, the ques- 
tion of peace or war, involves all that is dear and 'valuable to men on this side 
the grave.' We are, therefore, under the dire necessity of declaring, that we 
have no confidence in the men ivho have brought us to this perilous condition. 
We do not, because we cannot, examine the causes of that management, the 
mischievous effects of which we so deeply feel and so seriously apprehend; 
but called upon by an imperious sense of duty, we declare our sentiments, and 
we entreat our fellow citizens to declare theirs. We implore them to lay aside 
party distinctions, to banish party feelings, and to unite. In union is force, in 
force safety. If it shall appear that the majority is in favor of war, be it so; 
we must submit. If, as we fully believe, a great majority is desirous of peace, 
let the fact be known: and to this end we propose, that representatives be 
chosen in the several counties of this State, discreet men and friends of peace, 
to correspond or confer with each other, and co-operate with the friends of 
peace in other States, in devising and pursuing such constitutional measures 
as may secure our liberties and independence, and preserve our Union, v/hich 
are endangered by the present war." 



190 FEDERAL GOVERNMENT. [1812 

This was a period of great anxiety and of uncommon 
excitement. There was not only an apprehension of ex- 
tensive calamity, the natural consequence of war, an accu- 
mulation of the public debt, loss of property, detriment to 
commerce, and sacrifice of human life ; but a fear of undue 
military authority, of the exercise of arbitrary power, under 
the plea of necessity, of a resort to unjust and oppressive 
acts to oblige the people to support the war ; and most of 
all, a close connection, or alliance, with the French govern- 
ment, then a most alarming and despotic power, though 
professing to be friendly to republican States; the nation 
being then entirely subject to the will of one man, whose 
ambition was unbounded, and whose want of moral princi- 
ple was such, as that no reliance could be placed on his 
promises or his justice. It was believed to be the natural 
consequence of a war with England, especially as it was 
waged, with the approbation, if not by the dictation, of the 
Emperor, and was likely to operate in furtherance of his 
views of universal empire. 

The spirit and language of the warm friends of the ad- 
ministration, soon after war was declared, served also to 
a-larm the fears of the people, and to induce the more intel- 
•ligent to ponder on the policy and movements of the ad- 
ministration. It was openly declared, by the advocates for 
war, " that there could no longer be endured, any expres- 
sions of disapprobation of the measures of Congress or of 
the federal executive — that the time for discussion was past, 
,and all must now unite in support of the war, in person, 
or by contributions." In some instances, direct threats 
were uttered towards such as spoke against the policy of 
-war measures ; and acts of violence were committed, by 
mobs, on peaceable citizens, for daring to speak or write 
against the war. The streets of Baltimore were moistened 
with the blood of some of her most worthy and patriotic 
citizens, who exercised the rights of freemen, by discussing 
.the measures of the administration. In other places, indi- 
viduals were threatened with violence, unless they would 
-contribute to funds for carrying on the war, by making 
loans to the government, which had incurred great expenses 
without any means to meet them. 

The general character of the individual, then President 
of the United States, was such as would have led to the 
opinion, that he would not hastily give his consent to war. 
He had none of the peculiar attributes of a military hero, 
and had never been a soldier. He was esteemed as a phi- 
losopher, or a statesman in a republic, when war is not to 



1812] MADISON. 191 

be supposed to occur, unless in extreme cases for defence. 
And many anxiously interrogated, whether there was not 
some strange infatuation prevailing in the federal councils; 
or whether the measure of an offensive war could be ac- 
counted for on the supposition of unreasonable prejudices 
and antipathies towards Great Britain, and of equally 
unreasonable partialities for France. For sometime, it 
appeared, that the reign of terror had commenced ; and that 
similar scenes of violence were to be witnessed, as had been 
in revolutionary France; but there was too much intelligence 
and love of order, and too great a love of rational liberty, 
indeed, to allow such a state of things long to exist in the 
United States ; and the tone and conduct of the inconsid- 
erate friends of the administration soon became more prudent 
and proper. The war had its course, under the direction 
of the federal government, to which it exclusively belonged 
to continue it, or to make peace. Many assisted no farther 
than the laws required, and continued to express a desire 
that it might soon be brought to an end. The number, who 
were dissatisfied with the war, and who wished for its ter- 
mination, constantly increased ; and this was, probably, one 
consideration with the federal administration for giving in- 
structions, in 1814, to. its ministers then in Europe, to enter 
into fresh negotiations for peace. 

The first military effort after the war began, was at- 
tended with defeat and disgrace. A large force was then 
at Detroit, and were soon ordered to invade the neighbor- 
ing British province of Upper Canada, but they were not 
sufficiently provided with munitions of war to authorize 
such an expedition. It was, indeed, supposed that most 
of the Canadians would submit without resistance, but this 
proved to be a great mistake. The American troops, under 
General Hull, passed over the lake, and efiected a landing 
on the Canada side, without opposition. They, however, 
did not meet with friends to welcome or assist them, as 
they had hoped ; and some regular British troops in that 
province, whose commander had early intelligence of the 
war, were promptly marched to defend that part of the 
country where the Americans had proceeded. The cannon 
of the latter Avas found to be in almost a useless state, and 
General Hull returned to Detroit without capturing any 
important post, or acquiring any military honors. The 
British general in that quarter, who appears to have been 
a character of decision and energy, soon made an attack on 
Detroit, and the American commander surrendered to him 
that important post. He was highly censured by the ad- 



192 FEDERAL GOVERNMENT. [1812 

ministration and its friends, and afterwards arrested and 
tried, on a charge of cowardice and treason. Others, with- 
out justifying his conduct on that occasion, believed there 
was some apology for him, in the inefficient preparation 
which had been made, to enable him to defend his po- 
sition. 

Another invasion of Canada was made in October, by 
the United States troops, a great portion of which were the 
militia of New York. They were under the immediate 
command of Major General Stephen Van Rensselaer, of that 
State, and numbered over two thousand. He crossed the 
river opposite to Queenstown, on the Canada side, and im- 
mediately attacked and took possession of the town, but 
not without a vigorous resistance, and many of his troops 
killed and wounded. A large regular British force, which 
was in the vicinity, promptly marched to Queenstown, and 
a severe battle ensued. The United States troops at 
Queenstown were not supported by those on the eastern side 
of the river, as was expected, and although General Rens- 
selaer passed over and urged their crossing the river. 
These were mostly militia, and they refused to proceed to 
Queenstown, as directed. The British were more numerous 
than those from the United States, who had crossed the 
river ; and, under the command of brave and skilful officers, 
they overpowered the latter. A great slaughter was made 
of the United States' troops, and many officers were killed 
or wounded, and about four hundred taken prisoners. 

A third invasion of Canada was projected soon after this 
defeat, but was not carried into execution, except that 
a small detachment passed over to the Canada side, and. 
attacking a fort near the river, returned in a few hours. 
The preparations deemed necessary for the invasion occu- 
pied much time, and it became too late in the season to 
commence offensive operations with any hope of success. 
It was believed necessary to make the invasion, if at all, 
with six thousand men; and though the troops then in 
service in that quarter amounted to eight thousand or more, 
many were debilitated by sickness. And probably the re- 
verses which had already occurred, induced the command- 
ing officer to refrain from another attack, without a more 
powerful army. Proclamations were issued, however, of 
a boasting and threatening character, not much to the credit 
of the writers, either on the score of wisdom or bravery. 
But it ought to be recollected, that it was not supposed by 
the administration, that any very great opposition would 
be made by the Canadians, and that the United States' 



1812] MADISON. 193 

army was not sufficiently provided to ensure success in the 
invasion of that country. In truth, the army, and its offi- 
cers, were more formidable in this paper warfare, than in 
efficient action. The troops were ordered into winter 
quarters in different places ; and thus, the land campaign 
of 1812 was brought to a close, without giving much an- 
noyance to the British, or procuring much glory to those 
who planned or engaged in it. A behef had been enter- 
tained by the friends of the administration, that Canada 
would readily submit to the United States, and that a small 
military force would soon subdue the British provinces. 
How this enterprise, even if successful, was to establish the 
maritime rights of the United States, did not fully appear : 
and it became evident, that the people generally did not 
justify the invasion of the enemy's territory, when they 
had been often assured that the war was entirely in defence 
of individual or national rights. 

The naval arm of the United States proved more efficient 
and more useful. Compared to that of Great Britain, indeed, 
the American navy was quite insignificant, and altogether 
inadequate to contend with the naval power of that nation. 
Yet it was repeatedly successful in contests with single British 
ships of war of equal and even of larger size. The American 
naval commanders exhibited equal enterprise and courage; 
and had the navy been cherished and augmented for the 
previous ten years, as many judicious statesmen proposed, 
it would have been far more efficient than it was. By the 
provident enterprise, and the prompt action of the few pub- 
lic armed vessels then in service, much property was saved 
to the United States, and the British were led to acknowl- 
edge the great skill and bravery of Americans on the 
ocean, where that nation had long borne undisputed sway. 

The administration now became convinced of the vast 
importance of a navy ; and, from this period, was in favor 
of its increase. At the session of Congress in March, 1812, 
and a short time before the declaration of war against 
Great Britain, it was ordered that the few frigates then be- 
longing to the United States, should be repaired ; and three 
others, then on the stocks, should be completed. Three 
hundred thousand dollars were voted for these purposes. 
But, in December following — after several successful naval 
enterprises, which not only displayed the bravery of the 
officers and seamen, but rendered essential service to the 
nation — further and more liberal appropriations were made 
for the augmentation of the navy. Two millions and a 
half dollars were devoted to this object, and the President 
25 



194 FEDERAL GOVERNMENT. [1812 

was authorized to build four ships of the Hue, of seventy- 
four guns each ; six large frigates, of forty-four guns ; and 
six sloops of war, of twenty guns. He had power given 
him also to purchase or procure other sloops of war, and 
smaller vessels, for the public service ; and the further sum 
of two hundred thousand dollars was appropriated for that 
purpose. Though the war was opposed by a large portion 
of the people at first, and as the repeal of the British orders 
in council, soon after followed, and the disasters and de- 
feats suffered by the army ou the northwest borders, yet the 
additional expenses incurred for increasing the navy, were 
almost universally approved. The measure indicated a 
disposition to defend the maritime rights of the nation, 
which the policy for some years previously pursued, seemed 
to sacrifice or abandon. It had been often said, by a por- 
tion of the people, that, unless it was in the policy of the 
administration from 1806 to 1812, to retire from the ocean, 
and to relinquish all commercial pursuits, it would be essen- 
tial to prepare a respectable naval force. The people in the 
Atlantic States were decided and earnest in favor of a 
navy ; and the neglect of the federal government, during 
the period just mentioned, to increase, or to keep it in its 
former state even, served to destroy all confidence in the 
wisdom of the dominant party. The regard manifested 
by the administration for giving strength to the navy, at 
this time, therefore, gave much satisfaction to the people, 
and saved the federal rulers from a total loss of confidence 
in the majority. Their conduct in this respect, did not in- 
deed, make many converts to the war policy, but a hope 
was thereby raised, that the commercial and maritime 
rights of the nation were not disregarded nor undervalued. 

The Congress met on the first Monday of November, 
1812, as had been provided by a law -passed in July pre- 
vious, when the former session was closed. The message 
of the President to the federal legislature, in compliance 
with a provision in the Constitution, "that he should give 
Congress information, from time to time, of the state of the 
Union, and recommend to their consideration such meas- 
ures as he might judge necessary and expedient," will best 
disclose the opinions and views of the administration at 
this very critical period, and describe the condition of the 
United States, as to public and national affairs. 

The message states, "that, as a measure of precaution 
and forecaste, a large force was placed at Detroit, before 
the declaration of war, with a view to its security ; and, in the 
fivent of war, to such operations in Upper Canada, as would 



IS 12] MADISON. 195 

prevent the influence of the British [officers or agents] over 
the savages, obtain command of the lake, on which Up- 
per Canada borders, and maintain co-operating relations 
with such forces as might be employed against other 
parts " [of the British Provinces.] The unfortunate result 
of General Hull's invasion of Upper Canada, and the fall 
of Detroit are then noticed. Complaint is then made of 
the employment of the savage tribes, by the British gen- 
eral, in attacks on the troops and inhabitants of the United 
States. 

The protection of the northwestern frontiers, it is added, 
had been given to General Harrison, " who had the entire 
confidence of his fellow-soldiers and fellow-citizens, in that 
part of the country." The message refers to the attack 
made on Queenstown nnder General Van Rensselaer, in Oc- 
tober ; and it is said, " that the attack \vas conducted with 
distinguished gallantry." The President says, the object 
had been " to gain command of the lakes ; and that a na- 
val force would be provided there superior to that of the 
British." The refusal of the Governors of Massachusetts 
and Connecticut to call out the militia and place them un- 
der the command of an officer of the regular army, was 
thus noticed in the message ; "if the authority [of the fed- 
eral government] to call the militia into service and com- 
mand for the public defence, can be thus frustrated, in a 
state of war, and of course, under apprehensions of inva- 
sion preceding war, we are not one nation for the purpose 
most of all requiring it ; and the public safety may have 
no other resource than in those large and permanent mili- 
tary establishments, which are forbidden by the principles 
of our free government, and against the necessity of which 
the militia were intended to be a constitutional bulwark." 

" On the coasts and on the ocean, the war has been as 
successful, as circumstances connected with its early stages 
could promise. Our pubHc ships and private cruisers, by 
their activity, and where there was occasion, by their in- 
trepidity, have made the enemy sensible of the difference 
between a reciprocity of captures, and the long confine- 
ment of them to their side. Our trade, with some excep- 
tions, has safely reached our ports, having been much fa- 
vored and protected by our public armed vessels. 

"Anxious to abridge the evils from which a state of 
war cannot be exempt, I lost no time, after it was declared, 
in conveying to the British government the terms on which 
its progress might be arrested, without waiting the delays 
of a formal and final pacificatioiv; and the Envoy at Lon- 



196 FEDERAL GOVERNMENT. [1812 

don was authorized to agree to an Armistice founded upon 
them. These terms required, that the orders in council 
should be repealed as they affected the United States, with- 
out a revival of blockades violating acknowledged rules : 
that there should be an immediate discharge of American 
seamen from British ships, and a stop put to impressments 
from American ships in future ; with an understanding 
that an exclusion of the seamen of each nation from the 
ships of the other should be stipulated ; and that the Ar- 
mistice should be improved into a definitive and compre- 
hensive adjustment of depending controversies. 

"Although a repeal of the orders in council, susceptible 
of explanation meeting the views of this government, had 
taken place before this pacific advance was communicated 
to that of Great Britain, the proposition was declined, from 
an avowed repugng.nce to suspend the practice of impress- 
ments during the Armistice ; and without any intimation 
that the arrangement proposed respecting seamen would be 
accepted. Whether the subsequent communications from 
this government, affording an occcasion for reconsidering 
the subject, on the part of Great Britain, will be viewed in 
a more favorable light, remains to be known. It would be 
unwise to relax our measures, on a presumption of such a 
result. 

" Our affairs with France retain the posture which they 
held at my last communications to Congress. Notwith- 
standing the authorized expectation of an early and favora- 
ble issue to the discussions on foot, these have been procras- 
tinated to the latest dates. The only occurrence meriting 
attention is the pronmlgation of a French decree, purport- 
ing to be a definitive repeal of the Berlin and Milan de- 
cree. This proceeding, although made the ground of the 
repeal of the British orders, is rendered, by the time and 
manner of it, liable to many objections. 

" With a view to that vigorous prosecution of the war, to 
which our national faculties are adequate, the attention of 
Congress will still be particularly drawn to the insufficiency 
of existing provisions for filling up the military establish- 
ment. A revision of the militia laws, for the purpose of 
rendering them more systematic, and better adapting them 
to the emergences of the war, is at this time particularly 
desirable."* 

* It is stated in the message, that the receipts into the treasury, for the 
year ending in September, were sixteen and a half njilhons of dollars — that 
three millions of the principal of the public debt had been paid ; but six mil- 
lions had been received on loans ; and that eleven millions had been actually 
received on loans, at different times. 



1812] MADISON. 197 

This statement of national affairs was as favorable to the 
conduct of the administration as could possibly be made ; 
and made, it should be recollected, by one interested to 
render it as plausible and justifiable as might be, of ihe 
measures and policy adopted. It appears to have been an 
early plan of the executive to send troops into Canada, 
and to take possession of that territory. Reliance was also 
evidently placed, on the assistance of the militia, not merely 
for defence in case of invasion of the United States when the 
British became an enemy, by the declaration of war ; but 
for increasing the force ordered to enter the British territory 
for conquest ; and for regular service in the war, in such 
manner and to such extent as the federal executive might 
think proper ; instead of calling on them, as the Constitution 
had provided, to defend the country against invasion. 

By the correspondence between Admiral Warren, then 
Commander-in-Chief of all the British forces on and near 
the American continent, and the Secretary of State of the 
United States, which the President communicated to Con- 
gress, at this time ; as well as by a proposition made by 
the British Commander-in-Chief in Canada ; it was offi- 
cially notified to the American administration, that the 
orders in council were repealed on the twenty-third of June ; 
it was also proposed to suspend hostilities between the two 
nations ; and to enter anew on negotiations relating to the 
laws of Congress interdicting the commerce and ships of 
war of Great Britain from the harbors and waters of the 
United States ; and to the permanent revocation of the 
British orders in council. 

But this proposition was not favorably received by the 
American administration ; and in reply to it, the Secretary 
of State was directed by the President to declare, " that a 
suspension of the claim, or forbearance to press or act upon 
it, during the cessation of hostilities, was indispensable to 
such cessation ; for experience had fully evinced that no 
peace could be durable unless this object were provided 
for." Btrttlie instructions to the British Admiral, author- 
izing him to propose a cessation of hostilities, and to enter 
on further negotiations for the speedy restoration of peace, 
did not authorize him to adjust or discuss the subject of 
impressments. 

The Secretary added, " without further discussing ques- 
tions of right, the President is desirous to provide a remedy 
for the evils complained of on both sides. The claim of the 
British government is to take from the merchant vessels of 
other countries all British subjects. In this practice, the 



198 FEDERAL GOVERNMENT. [1812 

commanders of British ships of war take from vessels of 
the United States American citizens. If the United States 
prohibit the employment of British snbjects in their ser- 
vice, and enforce the prohibition, by snitable regnlations 
and penalties, the motive for the practice is taken away. 
It is in this mode, that the President is willing to accom- 
modate this important controversy with the British govern- 
ment ; and it cannot be conceived on what gronnd the ar- 
rangement can be refused. 

" A suspension of the practice of impressment, pending 
the armistice, seems to be a necessary consequence. It 
cannot be presumed, while the parties are engaged in a 
negotiation to adjust amicably this important difference, 
that the United States would admit the right, or acquiesce 
in the practice of the opposite party ; or that Great Britain 
would be unwilling to restrain her cruisers from a practice, 
which would have the strongest tendency to defeat the ne- 
gotiation. It is presumable, that both parties would enter 
into a negotiation with a sincere desire to give it effect. 
For this purpose it is necessary that a clear and distinct 
understanding be first obtained between them, of the ac- 
commodation which each is prepared to make. If the 
British government is willing to suspend the practice of 
impressment from American vessels, on consideration that 
the United States will exclude British seamen from their 
service, the regulations by which this compromise should 
be carried into effect, would be solely the object of nego- 
tiation. The armistice would be of short duration. If the 
parties agreed, peace would be the result. If the negotia- 
tion failed, each would be restored to its former state and 
to all its pretensions, by recurring to war." 

The conduct of the administration, in reference to the pro- 
posal of the British government, for a cessation of hostil- 
ities, and an adjustment of the long-existing disputes be- 
tween the two nations, was a subject of much discussion 
through the United States. By a moiety, if not the major- 
ity of the citizens, the course pursued by the federal exe- 
cutive was justified and approved ; the rights of the nation, 
and of the seamen particularly, requiring the rejection of 
the overtures made by the British, and a vigorous prosecu- 
tion of the war ; while a large portion, perhaps one half of 
the people, as some writers asserted, being either opposed 
to the war at first, or at the unsuccessful enterprises of the 
army, and believing that the offers of the British govern- 
ment were consistent both with the welfare and honor of 



1812] MADISON. 199 

the nation, condemned the poHcy of the administration in 
strong terms ; and fully expressed their apprehensions, 
that the war must continue many years, if peace could 
only be restored on the conditions urged by the federal 
rulers; and that the consequence would be a close alliance 
with France, then governed by a military despot. It was 
believed the British ministry would never surrender the 
claim to search and take their own seamen from neutral 
merchant vessels — the right to take them by force from 
public armed ships was given up — and that it was impro- 
per to require it : and to continue the war, therefore, while 
this was the only or chief difficulty in the way of negotia- 
tion and peace, was alike inexpedient and unjust. The 
war, however, was still prosecuted ; and more efficient 
measures were adopted by Congress to render it successful. 
The people were led to believe, by a partial statement of 
facts, and by addresses to their prejudices, that Great Bri- 
tain was aiming to subdue the United States, and to bring 
them back to their former allegiance to the British king ; 
and many were directly interested in the continuance of 
war, as it gave them office and employment. A small 
majority in Congress, also approved of the opinions and 
views of the President, as given in his message; and ex- 
pressed their approbation of his rejection of the proposed 
cessation of hostilities by the British, on the terms ofiered ; 
insisting " that the impressment of seamen being the princi- 
pal cause of war, it must be prosecuted till that cause was 
removed." On some other important subjects, connected 
with the policy of the war, the majority of the federal legis- 
lature could not be persuaded to support the measures 
proposed by the warm friends of the administration. A 
law for the relief of merchants who had imported British 
goods after the 23d of June, and before the 15th of Sep^ 
tember, was passed, though opposed by most of the mem- 
bers who approved of the war. And the bill for increasing 
the naval establishment was also opposed by many friends 
of the administration ; but finally received the sanction of 
the majority of Congress, 



200 FEDERAL GOVERNMENT. [1813 



CHAPTER IX. 

Prosecution of the War. Terms Offered for Cessation of Hostilities by Great 
Britain Rejected. British Orders in Council Repealed. Charges of French 
Influence. Disasters of the United States' Troops on the Borders of Canada. 
Inadequate Means of War. Further Call for Militia. Dispute on the Power 
of Congress over the Militia. Naval Victories. Success on Lake Erie. 
Aiid of General Harrison, at Fort Meigs, and Maiden, &c. Invasion of Can- 
ada Unsuccessful. War Unpopular. New Terms of Peace proposed. Peace 
Made, without Obtaining any of the Objects for which War was Declared. 

Mr. Madison, of Virginia, was again elected President of 
the United States, for the term of four years, from the 
fourth of March, 1813. De Witt Clinton, of New York, 
was the other candidate for that high and responsible office. 
He was supported by those who considered the war un- 
necessary, and who were desirous of restoring peace be- 
tween the United States and Great Britain. Mr. Madison 
received 107 votes, and Mr. Clinton 89. Elbridge Gerry, 
of Massachusetts, who had been governor of the State, for 
1810 and 1811, was chosen Vice President. Some changes 
were made in the Cabinet, at this time ; General Armstrong, 
of New York, was appointed Secretary of War, in the place 
of William Eustis, who resigned ; and William Jones of Penn- 
sylvania was placed at the head of the Navy department. 

In the month of January, 1813, another disaster fell on a 
part of the northwestern army, near lake Erie, at the river 
Raisin. A detachment of the Americans had been sent under 
Colonel Lewis, to take possession of that site, as important 
for the occupation of the United States' troops. After a short 
engagement, the place was taken by the men under Colonel 
Lewis. This, however, was not an affair of much moment, 
for only a few of the enemy were then stationed there. 
Without orders from Major General Harrison, the Com- 
mander-in-Chief in that part of the country. Brigadier Gen- 
eral Winchester proceeded to support Colonel Lewis, with 
two hundred and fifty more men ; fearing he would be 
attacked and overpowered by the British and Indians, then 
in large numbers in that vicinity. After he reached the 
place he neglected to take such measures of precaution to 
prevent an attack by surprise, as prudence seemed to dic- 
tate : and in quite an unprepared state he was assailed by 
the British and Indians, amounting to eighteen hundred ; and 



1813] MADISON. 201 

a great slaughter ensued. The attack was Tery sudden, and 
wholly unexpected, so that great confusion and delay oc- 
curred in forming the troops under the United States offi- 
cers ; and they were soon overpowered by a superior force. 
Nearly four hundred men were slain or mortally wounded, 
and between seven and eight hundred taken by the enemy. 

An act was passed at this session, in January, 1813, for 
an augmentation of the regular army of the United States. 
It was then estimated at 35,000. Congress now provided 
for an increase of 20,000 troops ; and the appointment of 
six additional Major Generals. The President was also 
authorized to accept of any volunteer corps which might 
be raised, with a view to the defence of places invaded, 
near which they resided. This was not materially differ- 
ent from relying on the militia for protection, in case of in- 
vasion. In various seaport towns, parties of the citizens 
formed, and acted as guards on the coasts. In Massachu- 
setts, and in some other States, these volunteer companies, 
or parties, were furnished with arms and other munitions 
of war by the State executive, whenever there was appli- 
cation for them, and there was reason to suppose an attack, 
or landing, by the British might be made. 

The public expenses were necessarily much increased 
by the means adopted for prosecuting the war ; and the na- 
tional finances were in a state of great embarrassment, at 
this period. When the committee of " Ways and Means," 
called on the Secretary of the Treasury, January, 1813, for 
his opinion of the probable amount, to be provided by Con- 
gress for the year following, he stated in reply, " That at 
least sixteen millions by way of loans would be necessary, 
to be added to twelve millions, the estimated amount of 
revenue for the year." Such estimates are always uncer- 
tain ; and often overrated. And the Secretary of the 
Treasury observed, " That it would be necessary to repeal 
or modify the non-importation laws, to realize the amount 
calculated to arise from imposts." He also proposed a 
great increase of duty on foreign tonnage, and the suspen- 
sion of allowances to importers, under the name of draw- 
backs. And he gave it as his opinion, that, unless the war 
should be brought to a close within the year, it would be 
requisite to provide for farther loans for the year 1814, and 
to have recourse to internal and direct taxes. By the most 
able financiers in the United States, it was asserted, that the 
duties on imports would not much exceed five millions ; 
and that the expenses would be nearly double to the esti- 
mates of the Secretary. For in the latter part of 1812, and 
26 



202 FEDERAL GOVERNMENT. [1813 

beginning of 1813, demands on the public treasury were 
far greater than had been anticipated ; the principal part 
of which was unavoidable, in the state the country had 
been placed by the declaration of war ; but a portion of the 
expenses had been incurred under unfavorable circum- 
stances, owing to the improvident and injudicious conduct 
of the administration relating to the war, for several months 
after it was declared. When the militia were called out, 
as they were in Pennsylvania, Ohio, and New York, in 
large numbers, they were not sufficiently armed ; and ex- 
traordinary expenses were incurred to equip them. 

There was also a great deficiency of blankets and other ne- 
cessary clothing for the soldiers, during the fall and winter of 
1812-13 ; as the non-importation laws had been then some- 
time in operation ; and the manufacture of woollens was 
also then comparatively very limited in the United States. 

When Mr. Madison took the oath of office, on his re-elec- 
tion as President of the United States, 4th of March, 1813, he 
spoke of the war, " as stamped so strongly with the features 
of Justice, as to invite the smiles of Heaven on the means of 
conducting it to a successful termination," And in justi- 
fication of this strong language, he said, " The war was 
not declared by Congress, until it had been long made on 
them, in reality, though not in name," and till it was in- 
dispensably necessary for the welfare, the interests, the 
honor, and rights of the nation. It was solely or chiefly 
resorted to, he said, in support of the rights of the seamen, 
who were often impressed into the British service, and for 
resisting new principles, and injurious practice concerning 
neutral commerce, which deeply affected the United States. 
There was no such expression of the public opinion on the 
subject, as to afford proof, that the majority of the people fully 
responded to these sentiments of the President. It might 
be reasonable to conclude, from the then recent elections, 
that they approved of the measures of the executive. But 
there was a strong demonstration, by the people in various 
parts of the Union, that they considered the war unnecessary, 
if not unjust ; and that they were anxious for its termination; 
on such terms as the British government had proposed. 

The success of the navy was a cheering consideration to 
such as cherished the feelings of national pride ; and there 
were repeated instances of the gallantry of naval officers in 
the course of six months after the war began. This was 
the more gratifying to the citizens of the United States, as 
it was unexpected, in the small number of American armed 
ships, compared to the naval povverof Great Britain; and the 



1813] MADISON. 203 

victories on the ocean furnished a redeeming consideration 
for the patriotic citizens, under the various disasters which 
the army sulfered ; although a few, who viewed the war as 
unjust, could not join in the general exultations even for 
any success attending the American arms. 

The war served to show the strength of the government 
and the patriotism of the people. The preparations and 
expenses for placing the country in a proper state of de- 
fence, in 1798, when war was expected with France, were 
borne with due submission by those who did not fully ap- 
prove of warlike measures. And, in 1812, though a bare 
majority of the people justified the war with England, and 
probably the majority was desirous of closing it in six 
months, after the offers of the British government for further 
negotiations, and the great disasters suffered by the army 
on the borders of Canada — still the administration was 
supported, or certainly not opposed by any disorderly or 
violent acts. The people, in various parts of the nation, 
complained of the measures of the federal government, and 
censured its war policy, like independent freemen, zealous 
of their rights, and fearless in scrutinizing the conduct of 
their rulers ; and many declined to assist m prosecuting 
the war, by voluntary loans, or by any acts besides those 
which the laws imposed, or by such efforts as were neces- 
sary for defence when the coasts were actually invaded. 
But no plans of insurrection, or forcible opposition to the 
authority of the government, or attempts to sever the 
Union, were proposed at this period of pressure and calam- 
ity. The power of the federal government proved ade- 
quate to the crisis : but the consideration is not to be for- 
gotten, that, in the third year of the war, the people became 
more dissatisfied and louder in their complaints : and that 
no formidable opposition appeared, must be attributed to 
the patriotic feelings of the citizens, and to their convic- 
tions of the necessity of order and of obedience to all con- 
stitutional authority. With a population of a different 
character from that of the great majority of the people in 
the United States, and with the freedom they possessed, it 
would have been difficult to maintain a war, when so 
great a portion of the nation disapproved of it. 

The administration did not appear consistent in the 
causes assigned, at different periods, for declaring or con- 
tinuing the war. The subject of the impressment of Amer- 
ican seamen, by the British ships of war, was indeed the 
great cause of complaint and irritation, and was often de- 
clared to be the principal reason for the war. And this 



204 FEDERAL GOVERNMENT. [1813 

was offered as the only reason for continuing the war, in 
the summer of 1S12, after the British revoked their Oi .la 
in council, and proposed a cessation of hostilities ; and 5'et, 
before the declaration, and before the British orders were 
repealed, even in May, 1811, when the Envoy from Great 
Britain to the United States gave assurance that the orders 
of 1807 would be withdrawn, on authentic and official no- 
tice of a revocation of the French edicts of a previous date, 
and that the blockade declared in May, 1810, would also 
thereupon cease ; the American Secretary of State wrote 
the Envoy in reply, " That the President had received the 
information with great satisfaction, as it had been a material 
obstacle to an accommodation ; and that such repeal of the 
British orders would be immediately followed by a repeal 
of the act for the non-importation of goods from England, 
"then in force." So material was this obstacle in the way 
of adjusting the controversy between Great Britain and the 
United States, at that time, that had it been removed six 
weeks sooner than it was, and before the declaration of 
war, it appears highly probable, that this calamity might 
iiave been avoided. The sole difficulty of impressment 
would not have been thought to justify a war, even by the 
warmest friends of the administration. For though all the 
precise terms proposed by the American executive on that 
subject, were not agreeable to the British administration, it 
was disposed to make an arrangement, favorable practically 
to the security of bona fide American seamen. And the 
American Envoys, in 1808, had formed an article relating 
to impressments, in the treaty they signed at that time with 
Great Britain, by which, in their opinion, the rights of 
American seamen would be substantially secured. 

The invasion of Canada was renewed in the spring of 
1813; Twenty five hundred troops, under Major General 
Dearborn, embarked at Sacket's harbor, in eight armed 
vessels, commanded by Commodore Chauncey ; and cross- 
ing the lake, attacked Little York in the province of Up- 
per Canada, on the 27th of April. The American troops 
had been some time collecting and preparing for this object ; 
and had a better prospect of success than the detachments 
which entered Canada the year before. The British force 
at York and vicinity was comparatively small, though 
aided by several hundred Indians. After some severe 
fighting, the town was taken by the Americans, but the 
British General, commanding there, escaped with a great 
part of the regular troops. More than two hundred British 
.and Cfinadians were killed ; and a large number made 



1813] MADISON. 205 

prisoners, with two hundred Indians. The loss of the 
United States troops was also great; many being killed or 
mortally wounded by the explosion of the British military 
magazine in the town. There were valuable and extensive 
military stores taken at Little York ; which had been col- 
lected there, to be forwarded to Niagara river, and to De- 
troit. These were immediately transported to Sacket's Har- 
bor ; and in a few days after, another expedition against 
Canada was projected, with a large force. On the 27th 
of May, General Dearborn, with about seven thousand 
troops, landed at Newark ; when the small British force 
there retreated about thirty miles to join a larger body of 
Canadians, at a place called Forty-Mile Creek, after de- 
stroying a great part of the stores. The first of June, a force 
was ordered, under command of a Brigadier General, of 
two thousand men, to proceed to Forty-Mile Creek where 
the British and Canadians were collected : and three days 
later, a second Brigadier General, with more American 
troops, was ordered to proceed for his support. The Brit- 
ish retired several miles, on the approach of the American 
troops, and then prepared to defend themselves if at- 
tacked. 

General Winder, who commanded the first body of the 
United States troops, proceeded within about ten miles of 
the enemy; and the other detachment, under Brigadier 
General Chandler, followed soon after. Early the follow- 
ing morning, before daylight, and when quite unprepared* 
they were attacked by the enemy, the two Brigadier Gen- 
erals were taken, besides a number of the men, and many 
were killed and wounded. The British troops soon re- 
tired ; for they were not so numerous as the i\mericans ; 
and Generals Lewis and Boyd hastened the following day 
to support them, from the distance of thirty miles. 

In this expedition nearly one thousand of the United 
States troops were killed, wounded, or taken prisoners. 
Lewis and Boyd behaved with great spirit and bravery ; 
and when a British naval force appeared near the Forty- 
Mile Creek, where the former was in command, and sum- 
moned him to surrender, he refused in the spirit of a brave 
officer. Soon after, however, he judged it expedient to re- 
turn to Fort George — and thence, when American vessels 
could be provided, to return to Sacket's Harbor — a portion 
of the army remained some time at Fort George, undei 

* In one account it was stated, that the commanding ofBcers of the United 
States expected the attack. 



206 FEDERAL GOVERNMENT. [1813 

General Boyd, with a view to be a check on the enemy, 
and to prevent a concentration of their forces ; which it 
was beheved they contemplated previous to an attack on 
the United States side of the lake. The naval force of the 
United States on lake Ontario was increased at this period, 
and able to act with effect in preventing, for sometime, an 
invasion of the United States territory. The army under 
Governor Harrison, in the west, was able to accomplish 
httle more than to defend the frontiers from the British and 
Indians in that quarter. No attempt was made by him for 
invading C^anada at this time ; and it would have been 
highly imprudent in the existing state of the army. 

The village of Havre-de-Grace, situated near the mouth 
of the Susquehanna river, consisting of nearly one hundred 
•dwelling houses, was attacked by the British, in boats and 
barges, from ships of war near the coast, and burnt in May, 
18 i3. There was no military force in the vicinity to de- 
fend it. The towns on the Atlantic coast in most places 
were not sufficiently protected : It appeared to be the great 
object to have a sufficient force to invade and conquer the 
British provinces in Canada. 

The United States troops at and near the southwest part 
of lake Ontario at Fort Niagara, Lewistown, including 
those at Sacket's harbor, at the northeast, and those at 
Fort George on the Canadian borders, were about ten 
thousand ; about seven thousand of which were on and 
near Niagara river. General Boyd, who retained posses- 
sion of Fort George for some time, had frequent skirmishes 
with the British ; and on two occasions the contests were 
very serious and extensive, and great numbers of the Amer- 
ican troops were killed or taken. One of these was at a 
place called Beaver-dam, by a detachment under command 
of a Colonel ; and the other by a still larger force, under 
General Boyd. During all this period, no progress was 
made in the conquest of Canada : but defeat and disaster 
were the consequences of the invasion ; and yet on several 
occasions the officers behaved with great promptitude and 
bravery. The British followed up their successes, and in- 
vaded the territory of the United States. They took pos- 
session of Fort Niagara, and remained there several 
weeks ; and at that time the naval force of the enemy on 
the lake was superior to the American squadron. Several 
boats belonging to the United States fell into the hands of 
the British. The loss was sustained by the United States 
troops, including the surrender of General Hull at Detroit, in 
August, 1812, and in the battles of Little York, Queenstown, 



1813] MADISON. 207 

Fort George, Forty-Mile Creek, and Beaver-dam, all be- 
fore the close of July, 1813, was estimated at 8500, killed, 
wounded, or taken. These were all employed in the pro- 
posed invasion of Canada. The expenses of these several 
armaments were very great ; and increased the public debt 
to a vast amount. After war was declared, it was neces- 
sary to prepare for the protection of the people on the fron- 
tiers of the United States, and to prevent the enemy in 
Canada from penetrating far into the national territories. 
But this great sacrifice of life and vast increase of the pub- 
lic debt, for the purpose of conquering the British provinces 
on the northwest of the United States, served to render the 
war policy very doubtful, and exposed its authors to severe 
and heavy censures. 

At the extra session in June, 1813, agreeably to a resolu- 
tion of the House of Representatives, otiered by a member 
from New Hampshire, (Mr. Webster,) the President was 
requested to lay before Congress the correspondence of the 
French and American minister, respecting the manner and 
the time of the repeal of the French decrees of Berlin and 
Milan. The resolution was opposed for many days, but 
was at length adopted ; the correspondence was submitted 
to the House, and some time after published. It served to 
show that the suspicions were well founded. Which had 
been expressed by many, more than a year before the dec- 
laration of war, of collusion on the part of the Emperor of 
France and his ministers on that memorable occasion : that 
either no decree, for revoking the obnoxious edicts, was 
passed at the time it was pretended ; or that, if actually 
adopted, was not put in operation : and could therefore be 
no warrant for the American government to demand there- 
upon, a repeal of the orders of the British administration. 
Indeed, there was just cause to doubt the existence of any 
order of the Emperor for such revocation, having been made 
at the early date declared by the French minister; and 
many believed that no such order Avas made as intimated. 
And this view of the subject furnished proof sufficient to 
satisfy the most incredulous, that the nation had been se- 
duced into war, by the duplicity of a foreign despot, or by 
an unjustifiable disposition to retain his friendship. War 
would not have been declared solely on account of the im- 
pressment, though that was 07ie of the principal reasons for 
resorting to war, and for continuing it after it had been 
declared : and had there been satisfactory evidence of the 
revocation of the French edicts in 1811, when it was so 
intimated, the obnoxious orders of the British government 



20S FEDERAL GOVERNMENT. [1813 

would have iDeen withdrawn, and the calamities and ex- 
penses of war with a powerful maritime nation, would 
have been prevented. 

Soon after the resolution above mentioned Was adopted, 
and a message received from the President, with numerous 
documents requested by the House, a report was made by 
the Committee of Foreign Relations, approbatory of the 
grounds of the war taken by the President — but the report 
was disapproved by the majority of the Hojise of Repre- 
sentatives. At this extra session, July, 1S13, several nom- 
inations of persons to be foreign Envoys, were negatived 
by the Senate. That body also rejected the bill for an em- 
bargo, which had passed the House on recommendation of 
the executive. They indirectly advised the President 
whom to nominate ; which he justly and feelingly opposed ; 
though their right to reject his nominations was undoubted. 

The British troops in Canada, in the latter part of the 
summer of 1813, after having made a successful defence of 
that province, and obliged the United States forces to retire 
from the places previously taken by them, engaged in offen- 
sive operations, and attacked several towns within the State 
of New York and V^ermont, situated on lake Chaonjilain. 
And on this lake, as well as on Ontario, they had prepared 
a naval force fully equal, if not superior to that of the 
United States on those waters. Plattsburg and Burlington 
were attacked by the enemy the first of August. They 
did not land at Burlington ; but meeting a heavy fire from 
the United States troops stationed there,* as well as from 
some armed vessels then in the harbor, they retired without 
doing any damage. At Plattsburg, on the west side of lake 
Champlain, they made a more formidable assault ; they ef- 
fected a landing and burnt several public buildings ; but did 
not destroy dwelling houses or private property. The at- 
tack was made by a naval armament, consisting of two 
sloops of war, three rowgallies, two gunboats and forty- 
three batteaux, with 1300 men. The attack on Burlington 
was considered a bold measure on the part of the British, 
so well defended as it was by several armed vessels as well 
as by a large body of land troops. The commander of the 
vessels in the service of the United States, on the lake at 
that time, was not well supplied with experienced officers, 
to enable him to act with so great effect as had been an- 
ticipated. 



3' 



* There were then at Burhngton about 4500 men, under command of Major 
General Hampton. 



1813] MADISON. 209 

The success of the land forces of the United States, in 
the northwest, under Major General Harrison, at the open- 
ing of the campaign in 1813, served in some measure, to 
retrieve the character of the American generals, which had 
suffered by the disasters and defeats of 1812. He conducted 
with equal bravery and intelligence, in that part of the 
country, during the year 1813 ; and some time before indeed, 
after the capture of Detroit and the army under General 
Hull in 1812. ^ The defence of Fort Meigs, near the rapids 
of the Miami river, in May, 1813, by the United States 
troops under General Harrison, was an important event in 
the prosecution of the war. The fort was attacked by the 
British, consisting of 500 regulars, 800 of the Canadian 
militia, and 1200 Indians ; far exceeding the troops under 
command of General Harrison ; but he refused to surrender 
when summoned thereto by the British commander. The 
enemy were repulsed with great slaughter when they made 
an attempt to storm the fortress. The loss in the United 
States army was comparatively small ; but several officers 
of merit were slain. 

In the course of the same year, in September, 1813, the 
land forces under General Harrison achieved another im- 
portant victory over the British troops, at Maiden, on the 
Canada side ; where they had collected in large numbers, 
with intensions, probably, again to invade the territory of 
the United States. On the approach of General Harrison 
and the United States troops, the enemy retired, after dis- 
mantling their fort, and destroying most of the articles 
which they could not remove. General Harrison pursued 
them, and came up with them at the river Thames. A 
battle ensued, "one of the most honorable and decisive 
which was fought during the war;" and victory was again 
declared for the arms of the United States. The British 
commander, indeed, escaped, but his army was entirely 
defeated ; and a great part of their military stores fell into 
the hands of General Harrison. Governor Shelby, of Ken- 
tucky, and Captain Perry, acted as volunteers in this expe- 
dition ; and in the character of aids to General Harrison. 
This enterprise took place soon after the success of Captain 
Perry over the British armed vessels in lake Erie. It had 
long been the opinion and advice of General Harrison, that 
a naval force on the lake was necessary to give success to 
the arms of the United States in that quarter. The Secre- 
tary of War, General Armstrong, in a public document, 
soon after, declared that this conduct of General Harrison 
27 



210 FEDERAL GOVERNMENT. [1813 

was not only highly indicative of bravery and good judg- 
ment, but was attended with important results to the country. 
On lake Erie, the naval enterprise was attended with 
brilliant success. Due time was taken to prepare a suffi- 
cient force to attack the British squadron there; and the 
commodore* of the United States fleet was well qualified 
by his courage and skill to conduct the enterprise. Early 
in September, after repeated attempts to meet the enemy's 
fleet, it was discovered at a distance, and a chase and battle 
immediately followed. It continued several hours, and was 
very severe, and attended with great loss of lives on both 
sides. But victory was the fortunate lot of the Americans — 
and the conquest of the British was complete. Their whole 
fleet, composed of two ships, one brig, two schooners, and 
a sloop, and having sixty-two guns in all, was captured, 
after being much injured during the engagement; one of 
their ships mounted twenty guns, and another eighteen. — 
The United States fleet consisted of two ships, of twenty 
guns each ; and six other vessels, but much smaller ;t carry- 
ing altogether fifty-four guns. Twenty-seven belonging to 
the United States vessels, including three officers, were 
killed in the action ; and ninety-six wounded. The number 
of the enemy killed and wounded was believed to be still 
greater. The success attending this enterprise was princi- 
pally owing to the judicious and resolute conduct of the 
commander, though he was ably supported in his plans by 
most of the other officers. He was also justly entitled to 
the credit of preparing and equipping the American fleet, 
under many discouraging and untoward occurrences. The 
government was unable or neglected to furnish him with 
materials and men for building the vessels he desired, and 
considered necessary, to act with effect on the lake. But 
his diligence and perseverance overcome all obstacles. 

The result of this very brilliant aflair, as well as of several 
other naval successes on the ocean, in the course of 1813. was 
a conviction with the administration, however reluctantly ex- 
pressed, of the necessity of a respectable navy to vindicate 
the honor, as well as in some measure to protect the coasts 
and territory of the United States. In all cases, effectual 
protection, however, could not be afforded ; the American 
navy being scarcely a fourth part, either in force or number, 
of the British ; which had been continually increased dur- 

* Oliver H. Perry, of Newport — a young man, but of great bravery, decis- 
ion, and energy of character. 

t Two of these had but two guns — three of them but a single swivel — one 
of three guns, and one of four. 



1813] MADISON. 211 

ing two centuries. The second year of the war, after pro- 
posals for a cessation of hostiUties and for further negotia- 
tions on the subjects in dispute, between the two nations, 
were rejected by the American administration, a large 
number of ships of war visited the coasts of the United 
States, and created much alarm in many places, and greatly 
interrupted the usual pursuits of navigation and trade. — 
They were too formidable to be met by the American ships, 
which were often employed with more effect in distant and 
separate parts of the ocean. In the Chesapeake bay, and 
near the eastern coasts of Massachusetts, they were of great 
force, and landed at several places ; some of which they 
retained for a long period, as there was not a sufficient 
naval force of the United States to encounter them. 

The fleets on the lakes and the troops on the northwestern 
and western frontiers, continued their operations till late in 
the season, with varied success. The American vessels on 
lake Champlain and lake Ontario were vigilant, and ready 
always to act where duty and occasion called ; and served 
to prevent the British inflicting injuries in the territory of 
the United States, Several small armed vessels belonging 
to the British, fell into the hands of the Americans : who 
also made prisoners of about three hundred of the enemy's 
troops which were on board. 

The main body of the land troops on the northwest 
frontiers, left Plattsburg in the month of October, and en- 
tered the territory of Canada in the vicinity of Montreal, 
under command of General Wade Hampton. But did not 
advance so far or so rapidly as had been expected. The 
enemy were prepared to meet them ; and attacked them 
so powerfully that they returned within the line of the 
United States, and most of them to Plattsburg ; having lost 
a number of men in Canada. The army of the west under 
General Harrison, after a long period of apparent inaction, 
either from want of warlike stores, or of sufficient naval 
force to unite in any offensive operations, was able to pass 
over lake Erie to the Canada shore, as related ; where they 
attacked and took Maiden, defeated the British in that 
vicinity, and took many prisoners, and then recrossing the 
lake, landed at Detroit, which soon surrendered, after having 
been in possession of the British more than a year. In 
these rencounters, the enemy had large numbers of Indians 
in their ranks, who proved a great assistance to them. — 
Some of the tribes attached themselves to the United States 
troops, but they were less numerous. But wherever they 



212 FEDERAL GOVERNMENT. [1813 

were found, they were charged with great cruelty towards 
their captives. A part of the American army, under General 
Boyd, remained in possession of Fort George on the Cana- 
dian side of the Niagara river, and near the head of lake 
Ontario, for some months. Generals Harrison and Wilkin- 
son also proceeded to this part of the country ; and a plan 
was probably formed to march into Canada, with this large 
united force. But it was not carried into execution. The 
return of General Hampton probably prevented. 

Thus ended the various and expensive expedition for con- 
quering Canada, in 1813 ; and little more progress was made 
than in the year 1812. The invasion of the Province, for 
conquest, was unsuccessful, though the British were defeated 
at Maiden. The expenses of these several armies were 
very great ; and the loss of human lives was also great, 
though mostly by sickness. On lake Erie, the naval force 
of the United States, under commodore Perry, it has been 
seen, was completely victorious : and on lakes Ontario and 
Champlain, the British were kept in check, by the small 
American fleets ; so as to be prevented from doing much 
injury to the people of the United States, as they attempted, 
in retaliation for the invasion of their territory. 

The ships of the United States, on the ocean, were success- 
ful in most of the naval actions which occurred in 1813 ; 
and the patriotic pride, kindled by these achievements, led 
many to support the war, who were before opposed to it ; 
and prevented that calamitous measure from fatally in- 
juring the popularity of the administration. The people, 
however, in various parts of the country, expressed an 
opinion that the war was unnecessary ; that negotiation 
would probably better settle the dispute and secure the just 
claims of the United States ; and became, therefore, more 
desirous of peace. The general voice was opposed to an 
invasion of Canada; for it was not believed, that the con- 
quest and annexation of that extensive territory would add 
to the stability or welfare of the United States. It was 
perceived also, that the British government had abandoned 
one of its obnoxious measures ; and that the other cause of 
the war would not probably be removed, though it should 
be continued many years. For it was well understood, that 
Great Britain would never consent to relinquish the right of 
taking her own subjects in time of war from neutral mer- 
chant vessels : and the contest had also now become very 
popular in England. 

The policy of the federal government, at this period, and 



1812] MADISON. 213 

the views entertained* as to the propriety of the war, can- 
not be so justly and fully stated, as by referring to the pub- 
lic message of the President of the United States to the 
national legislature, at the opening of the session in De- 
cember, 1813. 

On the subject of national disputes with France, he spoke 
in a very short, but not very satisfactory manner. " The 
views of the French government on the subjects, which 
have been so long committed to negotiation, have received 
no elucidation since the close of the last session of Congress. 
The minister of the United States, at Paris, had not been 
enabled, by any proper opportunity, to press the objects of 
his mission, as he was instructed." He said he had hoped 
to lay before Congress some eflectual progress in negotiations 
for peace with Great Britain ; inasmuch as the American 
government, in a liberal and magnanimous spirit, and with 
a desire for peace, had assented to a proposition for the 
mediation of the Emperor of Russia, offered by that Prince 
for an adjustment of the disputes between the two nations ; 
but in this expectation he had been disappointed. 

" But the British Cabinet," says the President, "mis- 
taking our desire of peace for a dread of British power, or 
misled by other fallacious calculations, has disappointed 
this reasonable anticipation. No information has been re- 
ceived from our Envoys on the subject ; but it is known 
that mediation has been decUned, at first ; and there is no 
evidence since offered, that a change of disposition in the 
British Councils has taken place, or is to be expected. — 
" Under such circumstances, a nation, proud of its rights and 
conscious of its strength, has no choice but an exertion of 
the one for the support of the other." "To this determination, 
the best encouragement is derived from the success, with 
which it has pleased the Almighty to bless our arms, both 
on the land\ and on the water." 

* The paper, most in favor of the government, which vsras then considered 
fteDii-oJjieial, the week before Congress assembled, stated what it deemed of 
vital importance to the favor and interests of the country — which was as fol- 
lows — " retaliation on British prisoners for alleged severe treatment of Amer- 
icans by the British — an extension of the term of enlistments for twenty regi- 
ments of regular troops — restraining all traitorous intercourse with the enemy — 
the expulsion of the various tribes of Indians, on the northern and southern 
frontiers from their habitations, and obliging them to take refuge in the distant 
wilderness — the seizure of East Florida — provision for increasing the navy — 
and the right of naturalization." Several of these, the President was moder- 
ate or prudent enough not to recommend. But they were probably in the 
views and plans of some of the political friends of the administration. 

+ This was considered a strange declaration, when the land forces had beea 



214 FEDERAL GOVERNMENT. [1813 

The message referred to the employment of the Indians 
by the British, and the cruelties wliich had been perpetrated 
by them, on several occasions; and it was observed, "that 
it became necessary to send a military force against the 
Indian tribes, both in the West and South. A force had 
been called into the service of the United States from 
Georgia and Tennessee, to check and keep in awe the 
savages on the southwestern borders. General Andrew 
Jackson was appointed to command in that part of the 
country, and was successful in opposing the inroads and 
depredations of the Indians." 

The subject of impressment was introduced in the mes- 
sage, and the injustice of the British, in their practice re- 
lating to those claimed as their natural-born citizens, was 
again brought to view, in strong terms. It was stated, 
that in Canada, great abuses, under their own doctrine, 
were committed ; for all born in the British provinces, and 
who had early settled in and become citizens of the United 
States, were considered as traitors, if found in the American 
army, and yet they employed in their ranks, natives of the 
United States, who had become inhabitants of the British 
territory. 

In presenting the state of the public treasury, the message 
states, " that the receipts exceeded thirty-seven and a half 
millions dollars ; twenty-four millions of which were the 
product of loans ; and that, after meeting the demands on 
the treasury, there were nearly seven millions remaining. 
Further sums, to a considerable amount, will be necessary to 
be obtained by loans, during the ensuing year ; but from 
the increased capital of the country, and from other causes, 
it may be justly expected, that the necessary pecuniary 
supplies will not be wanting." 

The general tone and spirit of the message was calculated 
to awaken or to maintain a disposition for war among the 
people ; and therefore, the reverses which had occurred 
were passed over as comparatively trifling, and the few 
successes achieved as far greater, or more beneficial to the 
nation, than facts would justify. The people were told 
that they were a brave and powerful nation, and their re- 
sources infinite ; so that the war might be long prosecuted 

almost invariably unsuccessful ; when defeat had followed the invasion of 
Canada ; when there had been a great loss of lives, and two seasons passed 
in attempts to conquer the British provinces, attended with utter failure, ex- 
cept in the dispersion of the British troops and Indians, at Maiden, by the 
American troops, under General Harrison. "That expedition," the Presi- 
dent said, " was signally honorable to Major General Harrison, by whom it 
IVES plarmed and prepared." 



1814] MADISON. 215 

without greatly impoverishing the country ; and that the 
reasons for continuing it were cogent and numerous. And 
yet it will be seen, that before another year had elapsed, 
peace was earnestly sought for by the federal administra- 
tion, even with yielding some points at first declared to 
render a war just and necessary.* 

The first act of importance, and of a general character, 
passed at this session of Congress, was an embargo act, to 
continue till the first of January, 1815 ; " unless a cessation 
of hostilities between Great Britain and the United States 
should previously take place." The provisions of this act 
were very restrictive and severe. It forbid boats, having pro- 
visions or any military stores on board, passing from one port 
or harbor to another, at small distances ; and was construed 
as extending to small craft employed in fishing by the day, 
and within a few miles of the land. The reason given for 
such severity and strictness of prohibition, was that the 
small vessels and boats sometimes conveyed provisions to 
the British ships of war hovering on the coasts. The act 
operated very grievously on the fishermen and coasters, 
who were generally an indigent and harmless class of peo- 
ple.f An embargo act of a similar character was recom- 
mended by the President, in July, 1813, to be in force till the 

* In December, 1813, and soon after the United States troops withdrew 
from Canada, and took up their winter quarters at Plattsburgh, and other places 
near the northwestern borders, a large British force crossed the Niagara river, 
captured Fort Niagara, burnt Lewistown, Buffalo, and some other small vil- 
lages, and entrenched themselves on Niagara heights. The detachment con- 
sisted of about 1500 British regulars, militia, and Indians ; and almost the whole 
of the American troops in the fort were killed or taken. General Wilkinson 
was at this time at Plattsburgh, with about five thousand troops. 

t The legislature of Massachusetts passed resolves — " That the embargo 
act contained provisions not warranted by the Constitution of the United States, 
and violating the rights of the people of this Commonwealth — that they have 
always enjoyed the right of navigation from port to port within the State, and of 
fishing on its coasts — that they have a right to be secure from all unreasonable 
searches and seizures of their persons, houses, &c. — that the law rendering the 
property of an individual liable to the discretion of every one, without warrant 
from a magistrate, is unjust and tyrannical — that the people have a right to be 
protected in the enjoyment of life, liberty, and property, according to standing 
laws ; and that all attempts to prohibit them in the enjoyment of life, liberty, 
and property, by persons under executive directions, and power only, and 
armed with military force, are destructive of their freedom, and altogether re- 
pugnant to the Constitution." 

An eminent political character, who took neutral ground in the war ; or was 
disposed to support it after it was declared by Congress, expressed the follow- 
ing opinion of the embargo and non-intercourse laws, " I believe the restrictive 
system overleaps the bounds of Constitxdional power — that it is impossible to 
execute it — that the attempt to do so, corrupts the people, by destroying the 
correct habits of our merchants, and rendering perjury familiar — that it would 



216 FEDERAL GOVERNMENT. [1814 

then next session of Congress. That bill received the assent 
of the majority of the House of Representatives ; but it was 
lost in the Senate ; the vote in that body being eighteen 
against the bill, and but sixteen in favor of it. The act of 
the present session gave great power to the President; and 
allowed him to employ numerous agents, who did not fail 
to exercise their power in many instances by needless se- 
verity, or unjust partiality. It was repealed, however, on 
the 14th of April, following; but the non-imporlation act, 
as to British goods and merchandise, was continued. 

Acts of Congress were passed, in January, 1814, for 
making additions to the regular army ; for raising several 
regiments of riflemen ; for extending the term of enlistments 
from one year to five years, or during the continuance of 
the war, and for giving higher bounties than had before 
been ofiered ; viz. one hundred and twenty-four dollars to 
every individual, one hundred of which to be paid on his 
enlisting and being mustered. The President was also em- 
powered to receive volunteer corps into the public service ; 
provided they would engage to serve for Jive years^ or 
during the war ; and they were to receive the same bounty 
provided for those of the regular army. An additional act 
to provide for calling forth the militia was passed, at the 
same session, in which the militia, so detached or drafted, 
when called into the service of the United States, were 
made subject to courts martial, on a charge of misconduct, 
in the manner required by the articles of war, in cases of 
courts martial for the trial of delinquents in the regular 
army. This law caused much alarm and complaint in 
some parts of the country ; especially in Pennsylvania, 
where are found great numbers of the society of Friends. 
In some places, members of that sect were pressed into mil- 
itary service, and treated with great severity. But the in- 
stances were very few. 

Notwithstanding the boast of success in prosecuting the 
war, by the friends of the administration, and the public dec- 
larations of the President, that it must be continued so long 
as the causes which led to it were not removed, additional 
Envoys were appointed early in 1814 to join those previously 
commissioned, and new instructions given them, permitting 

be ineffectual to coerce foreign nations, if executed — that it is unjust and op- 
pressive to the commercial part of the community, as it destroys invaluable 
interests which the federal government is bound to protect — that it sacrifices 
our principal source of revenue, and reduces us to depend on meagre supply 
from internal taxation, or to accumulate an enormous public debt by loans — 
that it aims a fatal blow at our progress in wealth and general improvement." 



1814] MADISON. 217 

them to make peace, without insisting on all the terms be- 
fore advanced, as indispensable. Messrs. Adams, Bayard, 
and Gallatin* had been appointed in April, 1813 ; in Jan- 
uary, 1814, Messrs. Clay and Rnssell were added to the 
embassy. The negotiators, both British and American, met 
at Ghent, in August, 1814 ; and concluded a treaty between 
England and the United States, in December following; 
and the ratification took place in February, 1815, to the 
great joy of the people of both nations. No new principle 
was recognized or admitted, and no new regulation' made 
on the important subject of impressment of seamen, which 
was the principal, and at one time the only^ reason given for 
the war ; but the treaty was silent on that question. Be- 
sides the restoration of peace, it was little more than a 
treaty of limits and boundaries. A commercial treaty be- 
tween the two countries Avas to be adjusted at a future day. 
The American Envoys were instructed to make peace on; 
the most favorable conditions to be attained ; but to make 
'peace ; and there can be no reason to doubt, that they were 
urged to do this, from the consideration of the increasing 
unpopularity of the war in the United States ; and of the 
loss of political power in Europe by the French Emperor, 
If he had not been loved, he had been feared ; and if it was 
not intended to aid him in his ambitious projects, it was evi- 
dently proposed so far to favor him, as to secure his influ- 
ence in opposing Great Britain. 

During the year 1814, however, the war was prosecuted 
with great exertions and zeal. The means for supporting it 
were augmented by the federal government in every pos- 
sible way ; and the British, particularly on the ocean, acted 
with more efficiency than in the early period of hostilities. 
Their ships of war hovered upon the coasts of the United 
States, in almost every part; and often entered harbors^ 
and landed large bodies of men, who destroyed much prop- 
erty, and alarmed and distressed the inhabitants. They 
took possession of Eastport, and of Castine ; and there were 
no troops of the United States prepared to prevent the cap- 
ture, or to dispossess them afterwards ; and the mihtia could 
do little without a suitable naval force. 

The regular troops of the United States were again col- 
lected on the northwest frontiers, early in 1814. Some of 



* These appointments were made by the President, when the Senate was 
not in session. And afterwards, when the nominations were laid before the 
Senate, there were objections and much delay in the appointment of Mr. Gal- 
latin. 

28 



218 FEDERAL GOVERNMENT. [1814 

them were assembled at Sacket's Harbor ; some at a place 
about ten miles east of Lewistown ; and some within a sim- 
ilar distance of Buffalo ; while Plattsburg was considered 
the head-quarters. As soon as the lakes were navigable, 
the British appeared in considerable force on Ontario, and 
the naval armament of the United States there was not 
sufficiently powerful to meet them. There was great alarm 
at Sacket's Harbor, and other places in the vicinity, from 
the expectation of an attack from the enemy, who were in 
large force at Kingston, on the Canada shore. The place 
was much exposed ; but for some reason, no part of the 
army, under Wilkinson, was sent there for its defence. His 
aim appeared to be another attempt to invade Canada, 
farther north. He soon after inet the British on his march, 
and was obliged to return to Plattsburg, with the loss of 
some cannon and about eighty men. At Plattsburg and 
at Sacket's Harbor, there were heavy complaints heard 
against the American generals, for want of judgment and 
energy, in this military enterprise. 

At a later period in the season, after the northern army 
was strengthened by new enlistments — for though there had 
been new proposals for peace, great preparations were 
deemed necessary on the opening of the year, 1814 — Can- 
ada was again invaded ; and a detachment from the United 
States troops, consisting of about two thousand, under Gfcn- 
eral Jacob Brown, crossed the Niagara river, in July, and 
attacked the British at Chippewa, with great bravery and 
success. The enemy, with a larger force than General 
Brown commanded,* offered battle ; and it was not de- 
clined. The action was very severe, and the loss great on 
both sides ; but the British suffered most on this occasion. 
Their killed and wounded numbered 400; while those of 
the Americans were a little more than 200. Generals Rip- 
ley and Scott were the next in command to General Brown ; 
and received high praise from him, in his official account of 
the action, for their bravery and activity. 

It was the expectation of General Brown that the United 
States fleet, then at Sacket's Harbor, would have co-oper- 
ated, and would assist his continuance and progress in 
Canada ; but it was not in a condition to command the 
lake, and could not therefore afford the support and aid 
desired. General Brown, however, remained in Canada, 



* The numbers were variously stated. But it appears that the British troops 
were about 3000, including Indians ; and the United States forces, under 
General Brown, about 2000. Chippewa is ten miles from Queenstown. 



1814] MADISON 219 

in the vicinity of Chippawa, for some time, in the hope of 
receiving assistance from the naval armament on the lake. 

On the 25th of July, another battle took place between 
the British and American troops, near the Falls of Niaga- 
ra — the British force exceeded three thousand, including 
a reinforcement after the battle had began, under the com- 
mand of Lieutenant General Drummond : and the United 
States troops, not so numerous, under General Brown. 
The slaughter in this second battle was very great ; and 
the contest was maintained several hours with obstinate 
bravery on both sides. Ripley and Scott were distin- 
guished on this, as on the former occasion, by their brave 
and useful services. Generals Brown and Scott, were 
wounded ; and General Riall, the second in command in 
the British army, was taken, with twenty other officers. 
The United States troops fell back to Fort Erie ; where, 
after a few days, they were attacked by the British, but 
they were compelled to retreat. 

In the month of July, the commanders of the British 
ships of war which had then been in the Chesapeake for 
several weeks, landed men at various places in Maryland 
and Virginia, who destroyed both public and private build- 
ings, and carried away cattle and provisions, to a large 
amount. They entered the Potomac, and ascended as high 
as Westmoreland, where they burnt the Court house, and 
about the same time, the Court house in Calvert County, 
Maryland.* And the government paper expressed great 
astonishment that the militia did not turn out and prevent 
these depredations ! The militia were called out in the 
vicinity of the places invaded, and near the coast where 
the enemy appeared, and a few regular troops were 
added, making a force of about five thousand. The Brit- 
ish landed six thousand ; and after attacking some smaller 
towns, marched to Washington, meeting with little opposi- 
tion, and burnt the Capitol of the United States, the Pres- 
ident's house,t several public offices, and destroyed much 
other valuable property. The Maryland militia, and vol- 
unteers from Baltimore, soon collected and attacked them 
as they retired, and compelled them to embark on board 
their ships. Several British vessels of war, however, re- 

* Part were landed by entering the river Patuxent, and a part at Port To- 
bacco, on the Potomac. Some accounts made their whole number nine or 
ten thousand. 

t The President, his secretaries, and family, had barely notice to retire in 
safety. 



220 FEDERAL GOVERNMENT. [1814 

mained in the waters of the Chesapeake, and kept up an 
alarm among the inhabitants, for some time after the at- 
tack on Washington. But the miUtia of Maryland pre- 
vented their penetrating again into the country. 

Other States on the Atlantic seaboard were invaded, or 
threatened with invasion, during the summer and fall of 
1814. Massachusetts and Connecticut were particularly 
exposed. The ships of the enemy had the command of 
Long Island sound, and were often hovering on the coast 
of Connecticut, which for a great length lies on that inland 
sea. Massachusetts has a seacoast of five hundred miles, 
Maine being then a part of the State ; and the greater part 
of it was visited or threatened by the enemy's ships. For 
defence of the people and property near the coasts, the 
mihtia were engaged a great part of the season, amounting 
in the whole to a very large number * — and at an expense 
of nearly a million of dollars. 

The navy of the United States was not inactive during 
the year 1814 ; but could not boast of such brilliant suc- 
cess as in the two first years of the war. The British 
ships were in every sea, and of great force ; and it would 
have been madness designedly to encounter them. When 
opportunity presented, and not under great disadvantages, 
from inferiority of size, and guns, they played their part 
with their wonted bravery. Only one disaster of magni- 
tude befel the American navy. The frigate Essex, which 
was one of the second rate of ships of that class, was taken 
by a British ship of war, of much larger force, after a brave 
and obstinate engagement, on the coast of Brazil. The 
Essex was attacked by two British ships, one much larger 
than that vessel ; and the other a large sloop of war. 

After a severe engagement, between two sloops of war 
of equal force, in the course of the summer, the American 
ship was victorious over the British ; which was captured 
and brought into the port of Charleston. On lake Cham- 
plain also, the small United States fleet under Commodore 
McDonough, after being long in apparent inactivity, but 
in truth, unprepared for otfensive operations, gained a com- 
plete victory over the British force on that lake, in Sep- 
tember ; and captured all their vessels but three boats. 
The attack was made by the British commander on the 
American fleet, near Plattsburg ; and a large land army 
fiiom Canada, had advanced within the territory of the 

* The whole number called into service, for longer or shorter periods, was 
nearly eighty thousand. 



1814] MADISON. 221 

United States, and to the vicinity of that place. The 
British naval armament was superior to that of the United 
States on tlie lal^e ; the battle was continued about two 
hours ; and the victory was gained at a great price. Many 
brave men fell on the occasion. The land forces of the 
British soon after left their advanced post, and returned to 
Canada. 

The national legislature, which had been adjourned to 
the last of October, was convened on the 19th of Septem- 
ber, by a special call of the President. The great changes 
in Europe, and the aspect of affairs in the United States, 
rendered an early meeting of Congress very important. 
In a free country, the representatives of the people should 
be often consulted ; and no measures of deep public in- 
terest adopted without an understanding of the Executive 
with the other branches of the government. Too much 
had been already done in secret ; and it was necessary 
that Congress should have more information, as to the for- 
eign relations of the United States. At an early day in 
the session, the President laid before Congress the instruc- 
tions which had been given the American Envoys, ap- 
pointed to negotiate a peace, and the correspondence which 
had taken place on the subject. And by these, it appeared, 
that new terms were proposed ; and authority given the 
Envoys to make peace, without insisting on all the claims 
and principles before advanced. The spirit and tone of 
the public message of the President to Congress, at this 
time, were very different from his former communications. 
There was, indeed, a complaint that the claims of the 
British government were the cause of the war, and that 
the conduct of British commanders was cmel and barbar- 
ous. But a desire for peace was strongly expressed, and 
a disposition fully manifested to represent the views of the 
British Cabinet less hostile than had been formerly stated. 
" The repeal of the orders in council ; and the general 
pacification in Europe, which withdrew the occasion on 
which impressments on American vessels were practiced, 
lead to an expectation that peace and amity may be estab- 
lished." And with a view, no doubt, to justify the con- 
tinuance of the war, after the repeal of the British orders, 
and a proposal for cessation of hostilities in the summer 
of 1812, the refusal of Englcind to accept the mediation of 
Russia was mentioned as (3vidence of a wish for war on 
the part of that government, and as furnishing good cause 
for prosecuting it by the United States. 
Though some parts of the message were disapproved by 



222 FEDERAL GOVERNMENT. [1814 

the friends of peace in Congress who had been opposed to 
the declaration of war, the instructions of the President to 
the Envoys then in Europe to negotiate with the British, 
requiring only such conditions as were considered reason- 
able, and giving up some points before demanded, met with 
very general acceptance ; and an opinion was expressed 
by several members in the opposition, that if peace could 
not be obtained on the terms then offered, the war should 
be readily supported by all parties. It was evident, how- 
ever, from the diplomatic correspondence communicated to 
Congress, that the misfortunes and disasters, which had 
fallen on the French Emperor, had an influence in giving 
a more pacific tone to the new instructions of the Presi- 
dent. 

This disposition of the American administration, as the 
war had been commenced with extravagant claims on its 
part, gave strong hopes of peace. But as such an event 
was uncertain, as to how soon it might occur, it was proper 
to keep up the army ; and various acts of Congress were 
passed to increase the regular troops, and to accept the ser- 
vice of State troops for local defence. The public debt, 
having increased to a vast amount in the course of three 
years, it was found necessary, even with a great probability 
of a speedy restoration of peace, to increase the taxes in 
various ways. A new direct tax of six millions was laid ; 
the rate of postage on letters, by the public mail, was in- 
creased fifty per cent. Duties on sales at auction were in- 
creased one hundred per cent. Fifty per cent, added to the 
duties on licenses to retail wine and spirituous liquors. The 
duties on distilled spirits, on pleasure carriages, on house- 
hold furniture, and on watches, were increased ; and new 
duties laid on goods and wares manufactured in the United 
States. 

These propositions were opposed with great earnestness 
and power by several members of Congress ; especially the 
bill for six millions of direct taxes. The war was denounced 
as unjust, as well as unnecessary, and as being exceedingly 
oppressive to the people, whose course of profitable business 
had been so greatly interrupted. Complaints on this subject 
were every where heard among the people, and the majority 
became desirous of peace on any terms. During the ses- 
sion, a bill was presented for establishing a new Bank of 
the United States, as it was believed it would assist the 
government in its financial concerns, as well as the trading 
part of the community. The plan was approved by the 
Secretary of the Treasury, (Mr. Dallas,) and passed in the 



1814] MADISON. 223 

House of Representatives and in the Senate ; but the Pres- 
ident disapproved of it, and it did not become a law. Some 
doubted the constitutional power of Congress to pass such 
an act ; though a National Bank had been adopted with the 
approbation of Washington, when he was President : and 
others supposed that it conferred special privileges on a few, 
and those solely of the mercantile class of citizens. The 
law, providing for calling out the militia to defend their re- 
spective States, was very acceptable, and was more agreeable 
to the State authorities, who could thus employ them near 
their homes, and merely for defence. In the Atlantic States, 
where the British vessels often landed their men, such a 
plan was useful and necessary ; and it was also in harmony 
with the principles of the whole militia system. It was in 
substance such as was proposed and prayed for by the 
Hartford Convention, in December, 1814, composed of Del- 
egates from most of the New England States. One of the 
measures they recommended was, that Congress should 
permit for the Governor of each State to employ the militia 
for its own defence, thus rendering unnecessary a large 
regular army, unless foreign conquest was intended; and 
a reimbursement be made by Congress, after the war was 
over, to each State, according to its expenses so incurred. 
And this was the principal measure adopted or recommended 
by that Convention ; excejA remonstrating against both the 
necessity and propriety of Wie war. 

The portion of the IJnited States army in the south, under 
command of Major General Andrew Jackson, with a large 
body of the militia, made a successful stand against the 
British, who made an attack on New Orleans, in January, 
1815. The British forces were estimated at 20,000. The 
American troops, under General Jackson, were far less nu- 
merous ; and a full moiety of them were militia. He ar- 
ranged the troops and laid his plans with great judgment, 
and met the enemy, soon after they landed, in a situation 
of great disadvantage to the British, and highly favorable to 
the Americans. The United States forces were completely 
victorious over the British ; and the latter lost a large portion 
of their troops, in killed, wounded, and taken. The battle of 
New Orleans was one of the most brilliant affairs, where the 
land forces were concerned, which occurred during the war. 

A bill was before Congress several weeks in November 
and December, of this session, for authorizing the President, 
on a refusal of the Governor of any State to call out the 
militia when requested, to order subordinate militia officers 
immediately to march their men as might be directed by 



224 FEDERAL GOVERNMENT. [1814 

the officers of the regular army. It was approved by the 
majority m the House of Representatives ; but was lost in 
the Senate, after long and earnest debate, by a single vote. 
The objection to the bill was, that it was in violation of the 
rights of the militia, and wholly unauthorized by the Con- 
stitution. One section of the bill also provided for drafting 
the militia, Avhen they did not voluntarily enlist. The most 
powerful argument against it, was its direct interference 
with the privileges of the citizens enrolled in the militia, 
who were considered as under the authority of a State, and 
recognized to be so, even by the federal Constitution. The 
opinion of some eminent statesmen on this subject are given 
in a note below.* The subject involved directly the great 

*Gov. Strong of Massachusetts — "We have lately heard it observed, that 
the State legislatures have no right to express their opinions concerning the 
measures of the federal government. But this doctrine is opposed to the first 
principles of liberty ; and cannot be approved by any. one who has well con- 
sidered the organization of our government, or the arguments used in favor of 
the federal constitution, when that system was adopted. The government of 
the United States is founded on the State governments, and must be svpported 
by them. In the arrangements of the different powers, the State governments 
are, to many purposes, interposed between the government of the United States 
and the people. If the latter think they are oppressed, they will complain to 
their immediate Representatives ; and the remonstrance of a State legislature 
will not often be slighted by a wise and just administration. The powers of 
the federal government are limited by the Constitution, which points out the 
extent of those powers, and the manner A which they are to be exercised. — 
But the Constitution will be of little valu^ unless it is strictly observed. If, 
at any time the national administration should disregard its authority, either by 
violating its express provisions, or by the assumption of power not delegated 
to it, its commands would be unjust, and it would be chargeable with a danger- 
ous abuse of confidence. The State legislatures are the guardians, not only 
of individuals, but of the sovereignty of their respective States : and while 
they are bound to support the general government in the exercise of its consti- 
tutional powers, it is their duty to protect the rights of the States and of their 
constituents. The security thus afforded to the people would be lost, if the 
State legislatures were implicitly devoted to the views of the federal govern- 
ment, or were deprived of their rights to inquire into its measures." 

The views of a distinguished Senator of the United States from Massachu- 
setts, (Mr. Gore,) were given in a debate in February, 1815, relating to the 
. power of the federal government over the militia. — " A question has sometimes 
been suggested, whether the government of a State has a right to judge, if the 
requisition for the militia be within the provisions of the Constitution. A little 
reflection on the nature of the government of the Unite* States and of a State, 
and of the relation in which the supreme executive of the latter stands to the 
United States, and to the citizens of his particular State, will show that he is 
obliged to examine, whether the case for which the requisition is made, be 
within the provisions of the Constitution; and if the purposes for which it is 
declared are clearly not within the powers delegated by that instrument, to 
withhold compliance. The federal government can exercise no powers, not 
granted by the Constitution; but so far as it can support such as it claims, on 
this charter, it is sovereign, and has no other control than its own discretion. — 
The government of each State is equally sovereign, with respect to every power 



1814] 



MADISON. 225 



question of the extent of power in the federal government 
over the separate States, and in cases where the Constitution 
did not clearly grant it. The authority therein given to 
Congress, was for certain specific objects and purposes. — 
And it was insisted that the power could not be extended 
except by usurpation. 

of an independent State, which it has not delegated to the general government, 
or which is not prohibited to the separate States by the Constitution, whether 
the militia — the peculiar force of a State, and that which is to protect and de- 
fend it — is called forth by the federal government according to the provisions 
which the States made, in delegating power to this government; must be a 
question between two sovereign and independent governments ; and on which / 
there is no tribunal authorized to judge between them. And if the governors, 
who are the Commanders-in-Chief of the militia of their respective States, 
should surrender this force to the general government, in a case not authorized / 
in the Constitution, they would betray the trust confided to them by the 
people. They must, therefore, examine the case when called upon, and decide 
according as their duty, prescribed by the Constitution of the United States 
and that of their own State, shall demand." 

Another eminent Senator from Massachusetts, (Mr. Lloyd,) expressed a 
similar opinion on this subject. " The admission of the doctrine, to the full 
extent, that the federal executive is to be the only judge of the emergencies, in I 
which the militia is to be brought into the service of the United States at the 
time, and in the manner, which it may think expedient; that the militia can, 
by a junction of a large number to a few regular troops, be, in fact, officered 
by the President; and that the executives of the several States, contrary to 
their own belief in the existence of such emergency, should be obliged to 
submit to such authority, or such a tribunal, erected in the breast of a single 
person, and to yield implicit obedience to such an opinion, must place them at 
the mercy or disposition of any future tenant of power; strip the individual 
States of their physical as well as fiscal power; and scarcely leave them the 
remnant of that sovereignty anA self-dependence, which some of them at least 
supposed they had retained." 

When the bill, called the militia conscription bill, was before Congress, in 
December, 1814, a Representative from Massachusetts, (3Ir. Ward,) said — 
" I cannot suppress my astonishment, when I hear gentlemen quote the pre- 
amble of the Constitution, as an authority to exercise power not given in that 
instrument, and proposed to give the executive by this bill. It appears to me 
to make directly against them. Under a Constitution formed for the express 
purpose of securing the blessings of civil liberty, they claim the right of 
exercising a power inconsistent with the first principles of civil liberty, and 
repugnant to the genius and nature of our government. If Congress have such 
a power, we are not freemen. The preamble states the objects which the 
people had in view, in giving the powers which they granted, and not as a 
designation of powers which were to be given. But there is no express pro- 
vision in the Constitution, that Congress shall have power to provide for the 
common defence and promote the general welfare." And to say, that Congress 
have all the powers which they may deem necessary and choose to exercise, to 
accomplish these objects, and that they are not restrained by the powers ex- 
pressly given, is, in effect, to say that there is no limit to their powers. But 
if powers were given in the general terms before mentioned — which however 
is not adniitted — and afterwards particular powers were expressed, the general 
powers must be controlled and restrained by the special. / 

Though the federal government cannot claim any power by implication; yet ' 

29 



226 FEDERAL GOVERNMENT. [1814 

It is evident that the framers of the federal compact in- 
tended carefully to guard the rights and liberties of the 
people ; to maintain the natural and essential distinction 
between the militia and regular troops, and to give authority 
to the national rulers over the militia only for purposes of 
defence in cases of sudden invasion. And the people, and 

this cannot be said of the State governments. It is fair to infer what they 
meant to reserve in one case, by what they refused to give in another. That 
the people and the States did not intend to give Congress power, to compel 
the citizens by force, or their children, to enter the regular army, destined for 
foreign conquest, under United States officers, is clearly to be inferred from 
their refusing to place the militia under United States officers, when forced into 
the service in the case of invasion. 

When the Constitution was formed and adopted, a jealousy of the military 
power, and a caution as to what they should part with, were predominant 
feelings in the people of all the States. A consolidated military government 
was the object of fearful apprehension. The State governments had been 
tried; and a more general confidence was placed in them than in that of the 
United States. The blessings of civil liberty were thought more secure, with- 
out giving to the federal government an unlimited power of the sword. And 
had the people of Massachusetts been told, that Congress would have power 
to raise regular armies, by the new Constitution, against the opinion of their 
State legislature, for foreign conquest, or any other purpose, and their sons or 
themselves thrust into the ranks under command of United States officers, and 
be subject to martial law, and the discipline and severity of a camp, they would 
have given it no consideration, but rejected it at once. They would have said, 
as the people of Virginia did, on a less warrantable occasion, " we will secede 
from the Union, and be under the protection and government of a hundred 
thousand free and independent citizens." 

The following paragraph is from a report, made by another distinguished 
statesman of Massachusetts, (Mr. Otis,) on this difficult subject. — "The au- 
thority of the national government over the militia, is derived from the clauses 
in the Constitution, which give power to Congress to provide for calling forth the 
militia to execute the laws of the Union, suppress insurrection, and repel inva- 
sions." Also "to provide for organizing, arming, and disciplining the militia, 
and for governing such parts of them as may be employed in the service of 
the United States, reserving to the States respectively, the appointment of the 
officers, and the authority of training the militia according to the discipline pre- 
scribed by Congress." Again, "the President shall be Commander-in-Chief 
of the army and navy of the United States, and of the militia of the several 
^iaXQs, when called into the actual service of the United States." In these 
specified cases only has the nation power over the militia. And it follows 
conclusively, that, for all general and ordinary purposes, this power belongs to 
the States respectively; and to them alone. It is perceived not only with 
astonishment, but regret, that, under color of an authority conferred with such 
plain and precise limitations, a power is arrogated by the federal executive, 
and in some cases sanctioned by Congress, of a control over the militia, 
which if conceded, will render nugatory the rightful authority of the individual 
States over that class of men; and, by placing at the disposal of the national 
government, the lives and services of the great body of the people, enable 
it at pleasure to destroy their liberties and erect a military despotism on its 
ruins. It will not be denied, that by the terms used in the federal compact, 
the power of the general government to call out the militia, is expressly limited 
to three cases. One of these must exist as a condition precedent to the exercise 



1814] MADISON. 227 

their State representatives for them, have a right to insist, 
that the power be exercised only in the exigencies specified. 
Had not an attempt been made to call out and to command 
the militia in circumstances, other than those plainly within 
the meaning of the Constitution, no dispute probably would 
have arisen on the subject ; and the citizens would have 
been promptly called out by the Governors of the several 
States, on the requisition of the federal executive, to defend 
the country against an invading foe. 

There is a disposition in all governments to accumulate 
power, and not infrequently to assume that which is not 
granted. And the great consideration, which shows the 
importance of contending for the just rights of the separate 
States, and therefore, for the rights of people thereof, is the 
unfavorable effect which would follow the abandonment 
of them. The power granted to the federal government is 
not to be opposed nor resumed ; and no friend of the Union 
of the States can wish to lessen it. It was granted for 
great national and general purposes, by the people, or their 
immediate representatives. But it is highly important to 
remember, that it is a delegated power ; and that what is 
not expressly or clearly vested in the federal government 
by the Constitution, remains with the States, or the people 
of the States respectively. 

A consolidation of all political power in the federal gov- 
ernment, as has been sometimes urged, and perhaps as- 
sumed, or a great increase of it, so as to leave little au- 
thority to the individual States, would serve to lessen the 

of that power. Unless the laws shall be opposed, or an insurrection exist, or an 
invasion made, neither the President nor Congress has any power whatever 
over the militia. And, if the declaration of the President be admitted as an un- 
erring test of the existence of these cases, this important power would de- 
pend, not on the truth of the fact, but on executive infallibility: and the limi- 
tation of the power would be nothing more than merely nominal, as it might 
always be eluded. It follows, therefore, that the decision of the President, in 
this particular, cannot be conclusive. It is as much the duty of the State gov-" 
ernments to watch over the rights reserved, as of the United States to exercise 
the powers which are delegated.'" 

In 1793, when Georgia was exposed to an attack from the Indians, the gov- 
ernor applied to the President of the United States for aid — who authorized 
him to call out the militia for the defence of the State. He was cautioned 
against all offensive measures; and informed, that in case of invasion, or 
imminent danger of it, to call out the militia, who in such case would be re- 
munerated by the general government. He was also told, that he was to 
judge of the degree of danger and of its duration — and that the men were to 
be called out in conformity to the militia laivs. The Governor of South 
Carolina was at that time requested by the President, if Georgia were invaded 
and needed aid, to grant it, by marching the militia of his State, as he himself 
might judge necessary, and the case require assistance." 



228 FEDERAL GOVERNMENT. [1814 

liberties of the people in the end, and gradually tend to an 
encroachment on their civil and social rights. The ex- 
ecutive of the Union, which was early supposed not suffi- 
ciently powerful, has sometimes manifested a disposition 
to extend its authority. Its discretion has been claimed to 
be the only limit of its powers. And the citizens, who are 
seeking for the smiles and favor of the Chief Magistrate, 
have been ready and forward, to support such a dan- 
gerous doctrine. The certain, though gradual effect of the 
concentration of all the political power of the nation in the 
federal government, would be the multiplication of its agents 
and officers, and the comparative increase and superiority 
of their influence. Not being immediately dependent on 
their fellow-citizens, over whom they have authority, they 
will not be desirous to secure their good opinion, nor to 
consult for their best interests. They will often be stran- 
gers, and in all cases will lose that identity with the people, 
which it is essential to cherish in a republican government, 
founded by the people themselves, and for their good. 
It is in the distant provinces of a great empire or nation, and 
A under the authority of subordinate officers, that oppression, 
I / in its worst forms, is found to exist. And a very extensive 
republic will not long preserve the liberties of the people, 
unless divided into small districts or States ; in which the 
citizens reserve and possess a large portion of power for 
self-government. The government may, indeed, be power- 
ful; but the people will enjoy less freedom. So it was in 
the Roman provinces; and so it was in the English colo- 
nies of North America before the Revolution of 1775. There 
was far more security and liberty for the subject in Great 
Britain, before that event, than in some of the colonies. 
For the preservation of the rights and the liberties of the 
people in the United States, it is important that the as- 
sumption of power by the general government be vigilantly 
watched and guarded against; and the authority of the 
individual States, not clearly granted, be strenuously main- 
tained. Except in certain enumerated instances and re- 
spects, the separate States are sovereign and independent 
governments ; representative, elective, republican. As long 
as they so remain, the people have the best security for 
personal freedom, and for the enjoyment of their social 
rights. But whenever the States lose their individuality, 
or are known only by territorial limits, and all power is 
assumed and exercised by the general government, whether 
given or not by the Constitution of the United States, then 



1814] MADISON. 229 

it may be safely predicted, that their liberties will not long J 
remain. 

Obsta principus, is a sound maxim in political affairs. 
When princes and rulers usurp power not granted them 
by their constituents, and the people acquiesce in the exer- 
cise of it, they are unfaithful to their posterity, and may be 
justly chargeable with indifference to their own freedom. 
The assumption of undelegated power is to be resisted at 
once by remonstrances, and a manly assertion of the people's 
rights. A single act of tyranny or despotism, if not disap- 
proved, will be urged as a precedent for other and more 
dangerous acts of usurpation. 

The militia, as citizens, have sacred and inviolable rights. 
And no executive officer of a State, or of the nation, has 
authority over them, to make soldiers of them against their 
will, except where the Constitution, which is the rule the 
people hav^e themselves made, as well for their public 
agents as for themselves, allows and provides. The federal 
Constitution has provided for calling out the militia in cer- 
tain cases, and under certain circumstances ; but even in 
these cases, there are some restrictions or qualifications of 
the power ; in other, and the usual conditions of the country, 
the authority to govern, direct, and call forth the militia, 
remain with the respective States ; which may be justly 
said to possess more of a directly parental character to- j 
wards the people, than the national government. ./ 

A treaty of peace between the United States and Great 
Britain, was concluded December 24th, 1814; and the in- 
telligence was received at Washington early in the month 
of February following. It was the occasion of sincere and 
universal rejoicing. So expensive had the war proved, 
and so little prospect was there of securing any thing of 
real benefit, or of obtaining the admission of claims insisted 
on, when and before it was declared, that the administra- 
tion received the report of peace with great satisfaction ; 
and the same considerations made it extremely welcome to 
the people. To the administration it was an inexpressible 
relief; for difficulties and embarrassments had been long 
gathering and thickening around it. And the people at 
large, having no feeling as to the consistency or honor of the 
war policy, were happy to learn the restoration of peace, 
the revival of commercial enterprise, and the prospect of a 
diminution of taxes in future. On the subject of impress- 
ments, the treaty was silent ; and commercial regulations 
between England and America were referred to negotia- 
tions proposed to be resumed at an early day. 



230 FEDERAL GOVERNMENT. [1814 

The principal articles of the treaty were for restoring all 
territory" and possessions taken by either party from the 
other during the war, except some small islands, of little 
value or importance, in or near the hay of Passamaquoddy 
— for the release of all prisoners of war, taken on either side, 
by land or sea — for ascertaining what islands had pre- 
viously belonged to either contracting party, according to 
the understanding of the treaty of 1783 — for running and 
establishing the boundary line on the east or northeast, 
and the north and northwest parts of Massachusetts, (now 
Maine,) which divides the United States from the British 
provinces of New Brunswick and Canada — for preventing 
further hostilities with the Indian tribes, and restoring to 
them the possessions and territories which they before held 
— for using the best endeavors of both nations to put an 
entire end to the slave trade, " so irreconcilable with the 
principles of humanity and justice." 

The public debt, which had been gradually reduced from 
an early period after the organization of the federal govern- 
ment, was necessarily much increased during the Avar of 
1812 — 1815. A short time before the intelligence of peace 
arrived, Congress had ordered a direct tax of six millions, 
to be assessed annually, while the war continued ; but in 
March, 1816, the act was so far modified, as to require a 
tax of only half the amount, for that year. The amount 
received into the national treasury, from the sale of public 
lands, was very great in 1816 ; and so continued for several 
years; and the duties on imported goods, after the return 
of peace, amounted to a large sum. The public expenses 
for 1815, were estimated at ^39,580,000 and the receipts into 
the treasury, to nearly ^51,000,000 ; of which $35,260,000 
were derived from loans and treasury notes. In 1816, 
the expenditures were $48,250,000, and the receipts were 
$57,170,000. The increase of the public debt, arising from 
the expenses of the war, amounted to $62,000,000, during 
the two first years ; and for the last year, almost an equal 
sum. When the war began, the national debt was nearly 
extinguished ; but when peace was made, in 1815, it had 
increased to upwards of one hundred and twenty millions. 
The military peace establishment was fixed at ten thousand 
men ; which was a larger number than many members of 
Congress deemed necessary. And an appropriation of 
200,000 dollars was made, for procuring materials for in- 
creasing the navy of the United States. 

The monetary concerns and the trade of the country 
were in a depressed state, at the close of the war ; and it 



1815] ' MADISON. 231 

required some time to reach the height of prosperity and 
commercial enterpise, at which it had arrived in 1807, the 
year before the embargo and restrictive pohcy began. But 
the active and elastic spirit, so characteristic of the people 
of the United States, soon awoke, and pushed them 
forward in the career of commercial adventure. Attention 
had been given also to manufactures, during the war : and 
it was found that these might be profitably established and 
supported in the United States. The first efforts of this 
kind were not altogether prosperous ; and in some instances, 
the undertakings failed of giving the profits expected. But 
after repeated trials, and with more experience, the manu- 
facturing establishments generally succeeded, and added 
greatly to the business and wealth of the nation. 

As had been proposed by the British and American com- 
missioners, who signed the treaty of peace at Ghent, De- 
cember, 1814, a Convention was held in London early in 
1815, to form a commercial treaty between the two govern- 
ments. The American commissioners were Messrs. Adams, 
Gallatin, and Clay ; and a treaty was prepared by them 
and three commissioners on the part of Great Britain, in 
July, which was soon after ratified by both the contracting 
parties, to continue for four years. This convention was 
strictly and almost exclusively of a commercial character ; 
the subject of impressments and of blockades not being no- 
ticed by it. And it purported to place the commercial in- 
tercourse between the two countries on a perfect reci- 
procity.* As to discriminating duties on vessels and impor- 
tations, such as had been long in force, there was an entire 
and mutual abrogation. In times of peace, this stipulation 
and agreement would operate favorably to the United 
States, and was therefore entirely satisfactory; except as 
to trade with the British colonies, which was so left by the 
commissioners, as to give occasion for disputes afterwards. 
Questions relating to maritime law was not settled, nor 
scarcely discussed. The trade of the United States to, 
and with the British possessions in the East Indies, was 
stipulated to be on the footing it was placed by the treaty 
of 1794. And there was an article prohibiting, to the Brit- 
ish, trade with the Indian tribes within the territory of the 

* In the opinion of most men, well acquainted with the subject of commerce 
and navigation, the terms of this Convention were not more favorable to the 
maritime rights and interests of the United States, than those of the treaty 
made in 1794, by Mr. Jay ; or that signed by the American Envoys (Monroe 
and Pinckney) in 1807, which was rejected by President Jefferson, without 
submittmg to the Senate. 



232 FEDERAL GOVERNMENT. [1815 

United States ; and to the citizens of the latter, the trade 
with those tribes in the British territories in America. 

After the treaty of peace was signed, but before it was 
ratified, or extensively known, and early in 1815, the 
public ships of the United States had encounters with Brit- 
ish ships of war, and were generally victorious. The frigate 
Constitution, under command of Captain Stewart, had an 
engagement with two British armed vessels, one of thirty- 
four guns, and one of twenty-two, and captured both of 
them at the same time. But the frigate President was 
taken about this time ; having fallen in with several large 
British men-of-war, in company, from which she was un- 
able to escape. 

The commercial enterprise of the United States pursued 
to ports in the Mediterranean, was still occasionally inter- 
rupted, and subject to depredations by Algerine cruisers. 
The Dey of Algiers had, indeed, renewed a predatory war- 
fare against the United States ; and it became necessary to 
afford protection to American vessels. On the recom- 
mendation of the President, in March, 1815, Congress passed 
an act for equipping and employing such force as the Pres- 
ident should judge requisite, " For protecting the commerce 
and seamen of the United States, on the Atlantic, and in 
the Mediterranean." Algerine cruisers taken, v/ere to be 
deemed lawful prizes ; and merchant vessels were also au- 
thorized to be armed in self-defence. A treaty had been 
made before with that power; and it had felt the severity 
of American bravery ; but like the savage tribes of Indians, 
it paid little regard to treaties, when there was a prospect 
of gain by attacking the vessels of other nations. The en- 
ergetic measures of Congress led the Dey, soon after, to 
make a treaty with the United States. The appearance of 
a formidable American fleet on his coast convinced him that 
his interests required peace ; and he relinquished all pre- 
tensions to tribute for the future. Captain Bainbridge and 
Captain Decatur distinguished themselves on this occasion. 
An act was passed in March, 1815, by which the federal 
government gave authority to ^late courts to sustain and 
decide on complaints and suits for taxes, duties, &c., im- 
posed by Congress, similar to the power of the federal dis- 
trict courts for these purposes. The national legislature could 
not justly claim authority to require this duty of any State 
Court ; and it only authorized such Courts to perform this 
service for the public convenience, as there might be some 
delay in the District Federal Courts from the numerous 
cases which arose. And the State Courts in these cases 



1815] MADISON. 233 

were no farther under control of the federal government, 
than to decide according to the laws of the United States 
relating to this subject. A law of Congress, of a similar 
character, and founded on the same principle, authorizes a 
Justice of the Peace, or Justice of a State County Court, to 
issue a warrant and to decide in cases of sailors deserting a 
vessel after engaging to go to sea. and to proceed to im- 
prison, or to order the delivery of such seamen, on neglect 
of his duty. And allows also of an examination of seamen, 
charged with a mutiny, or an attempt to excite a revolt ; and 
of binding over or committing them for trial before the Dis- 
trict or Circuit Federal Courts. This process is found to 
be for the furtherance of justice, especially in a federal 
judicial district of extensive territory ; and there is no as- ' 
sumption of power by Congress in this procedure. 

At the first session of the fourteenth Congress, which be- 
gan December, 1815, an act was passed for paying off the 
national debt, which at that period was one hundred and 
twenty millions of dollars, by annual instalments of ten mil- 
lions. The bill for this purpose was proposed by an emi- 
nent financier of South Carolina, (Mr. Lowndes,) who was 
some time the chairman of the Committee of Ways and 
Means, in the House of Representatives. But the public 
expenses being much less, as peace was restored, there was 
a reduction of most of the taxes and duties, from the 
amount required during the three years of war. The ad- 
ditional duty of postage, required in 1814, was abolished, 
as was that on domestic manufactures, on gold, silver, and 
articles of jewelry ; and on spirits distilled within the 
United States, the former duties were abolished or reduced. 
The direct tax was ordered to be three millions of dollars, 
in lieu of six millions, required by a former law of Con- 
gress. The additional duties which had been previously 
imposed on bank notes, and refined sugars, on salt, and on 
all goods, wares, and merchandise, imported from foreign 
countries, were also continued in force. The pay of Custom- 
house officers was raised fifty per cent, and the members 
of Congress were granted a salary of fifteen hundred dollars 
a year, in lieu of the allowance per diem, as formerly estab- 
lished ; but this law was" repealed at the next session. 

In April, 1816, a bank was incorporated by Congress, with 
thirty-five millions capital, to continue for twenty years. 
Many of the political friends of the administration were op- 
posed to the law, as they deemed it not within the consti- 
tutional power of Congress. The President had objected 
to a United States Bank, a short time before, from the same 
30 



234 FEDERAL GOVERNMENT. [1815 

consideration ; but his objections were now removed ; or he 
was satisfied of its utility to the government, and to the 
commercial part of the nation ; and he might have consid- 
ered the establishment of such an institution in 1791, a 
sufficient precedent. The act of incorporation provided, 
that the federal government should be a proprietor in the 
Bank, to the amount of seven millions of dollars ; that a 
bonus of one and a half millions be allowed the United 
States for the charter, to be paid in two, three, and four 
years; and that no other Banking company should be au- 
thorized by Congress. It was also provided by the act of 
incorporation, that the board of directors should consist of 
twenty-five members ; five of whom were to be appointed 
by the President and Senate ; that the books and records 
of the Directors should be subject to examination by a com- 
mittee of Congress, or of the President ; and, if found to 
have violated the charter, to order scire facias to require 
the Directors to show cause why it should not be declared 
forfeited. The Bank proved to be a great accommodation 
to the government, deeply in debt as it then was ; as well 
as a facility to the trading part of the community, in their 
monetary transactions. 

Several laws were passed by Congress at the fourteenth 
session, in favor of the settlers on lands of the United 
States, of which there had been no specific sales. There 
were then great numbers who had sat down on the public 
lands, without purchase or legal authority. The law was 
intended to quiet the actual settlers on such vacant lands, 
on payment of a moderate sum, and causing a registry 
thereof in the proper offices provided for that purpose. 

Owing to the interference by the arbitrary decrees and 
orders of the two great belligerent nations of Europe, with 
the commerce of the United States, to a long embargo, and 
to non-importation and non-intercourse laws of the federal 
government, and to the war from 1812 to 1815, declared by 
Congress, the growing prosperity of the country was greatly 
impeded. The exports were far less, and the trade conse- 
quently less ; and much property taken and confiscated by 
the belligerent powers whose vessels covered the ocean. In 
the years 1808 — 1812, the exports, domestic and foreign, 
were two hundred and forty-one millions of dollars. In 
1813 — 1814, in time of the war, they amounted to little 
more than thirty-four millions. Of the first amount of ex- 
ports, eighty-two millions and a half were articles of foreign 
growth or produce, and the rest domestic ; of the latter, for 
1813 and 1814, the foreign articles exported amounted to 



1815] MADISON. 235 

three millions ; and the domestic, to thirty-one millions eight 
hundred thousand. The greater part of the exports of do- 
mestic growth consisted of grain and rice, and was shipped 
to Spain and Portugal. Nearly twenty milhons value in 
flour, wheat, and rice, were carried to those countries from 
the United States in 1813, though war then existed between 
America and Great Britain. 

The message of the President to Congress, at the opening 
of the session in December, 1815, gave a full expose of the 
state of the nation, as to its relations with foreign govern- 
ments, to the public debt and finances, to domestic manu- 
factures, to the navy and other means of defence, and to a 
national currency. It was generally approved as an able 
state paper, and politically correct in its views, with the 
exception taken to it by those who considered the war un- 
justifiable, in that it spoke of that measure " as necessary to 
the honor and interest of the United States, and to the as- 
serting of our national rights and independence." 

The President referred to the termination of the war, 
which the Dey of Algiers had carried on against tlie United 
States, in which the interests of navigation had greatly 
suffered — to the Convention on the subject of commerce, 
then recently concluded with Great Britain — to the state of 
the Indian tribes, and the importance of maintaining peace 
with them, and of rendering them strict justice in all our 
transactions. He also recommended due encouragement 
for domestic manufactures ; and the regulation of the cur- 
rency of the United States by legal and specific acts of 
Congress. It was suggested that a national bank might be 
useful for this purpose ;* or that State banks might be used 
for the same object ; and that for an immediate support of 
the public credit, the issue of treasury notes might be ne- 
cessary. The President also expressed himself in favor of 
a military academy ; and of a national seminary of learn- 
ing to be located in the District of Columbia. On the sub- 
ject of domestic manufactures, he observed, that in adjust- 
ing the duties on imports to the object of revenue, the in- 
fluence of the tariff" on manufactures would present itself for 
consideration. " However wise the theory may be, which 
leaves to the sagacity and interest of individuals the appli- 
cation of their industry and resources, there are in this, as 
in other cases, exceptions to the general rule. Besides, the 
condition, which the theory implies, of a reciprocal adoption 
by other nations, experience teaches, that so many circum- 

* During the session a national bank was established, as mentioned before. 



836 FEDERAL GOVERNMENT. [1815 

Stances may occur in introducing and maturing manufac- 
turing establishments, especially of the more complicated 
kinds, that a country may remain long without them, al- 
though sufficiently advanced, and in other respects even 
peculiarly fitted for carrying them on with success. Under 
circumstances, giving a powerful impulse to manufacturing 
industry, it has made among us a progress, and exhibited 
an efficiency, which justify the belief, that with a protec- 
tion not more than is due to the enterprising citizens whose 
interests are now at stake, it will become, at an early day, 
not only safe against occasional competition from abroad, 
but a source of domestic wealth, and even of external com- 
merce. In selecting the branches more especially entitled 
to the public patronage, a preference is obviously claimed 
by such as will relieve the United States from a depen- 
dence on foreign supplies, ever subject to casual failures, 
for articles necessary for public defence, or connected with 
the primary wants of individuals." 

The suggestion of fostering domestic manufactures by 
the federal government, for the prosperity of the country, 
was evidently dictated by patriotic views, as well as a cor- 
rect estimate of national resources, and the means of fu- 
ture national wealth. A similar opinion was given, at an 
early period of the federal government, by the Secretary of 
the Treasury, (Hamilton,) in a very elaborate and able re- 
port, made according to the directions of Congress. He 
proposed, that, in fixing the duties on goods and arti- 
cles imported into the United States, for the purpose of 
revenue, a regard should be had, as far as judicious and 
proper, in the state of the country, to the extension of home 
manufactures of various kinds, as being favorable to inter- 
nal improvements, to real independence, and to general 
prosperity. In the time of the war of 1S12 — 1815, ex- 
periments were made, in most cases from necessity, for the 
manufacture of woollen and cotton cloths; and that of 
hats, shoes, and boots, was much extended, in various 
parts of the country. The former being new, and not well 
understood, was pursued with little profit ; and good policy 
dictated that the patronage of the general government 
should be given to all proper attempts in this branch of in- 
dustry. In revising the tariff of imposts, in 1816, reference 
was had to this great national concern, and twenty-five 
per cent, ad valorem was then fixed as a duty on cotton 
and woollen goods imported from foreign nations; which 
was higher than the duty on most other imported articles. 
And yet the policy of protecting these goods, so as to pre- 



1816] MADISON. 237 

vent an increase of foreign manufacture, seems not intend- 
ed by government to be permanent ; for after three years 
the duty was to be lessened. The manufacture of cotton 
and woollen claths was pursued chiefly in the north- 
eastern States, and a reluctance was manifested, by mem- 
bers of Congress from the south, for imposing the protect- 
ing duties, as the benefit would be less to them than to the 
people in the northern and eastern parts of the Union. But 
the benefit of the extensive cotton manufactures in the 
United States has been very great, by lessening the price 
of cotton cloths, and by aflbrding a greater market for the 
growers of cotton in the southern section of the Union. 
The great demand and consumption of the article in the 
manufacturing districts of the United States, serve also to 
keep up its price in Europe. 

In the opinion of some eminent politicians, the message 
of the President to the national legislature, already referred 
to, expressed views more favorable to the prosperity of the 
country, than his policy had before been ; and several of 
his political friends declared themselves in favor of meas- 
ures, similar to those adopted in the early period of the 
federal government. A member from South Carolina, and 
an ardent supporter of the administration, (Mr. Calhoun,) 
on the subject of reducing the national taxes, said, " this 
was a question of momentous consideration. On the de- 
cision of this question depends the question, whether a lib- 
eral and enlightened policy should characterize the meas- 
ures of the government. We ought, therefore, to proceed 
with caution. If gentlemen were of opinion that our navy 
ought not to be gradually improved; that preparation 
ought not to be made during peace, for preventing or meet- 
ing war ; that internal improvements should not be prose- 
cuted ; if such were their sentiments, they were right in a 
desire to abolish taxes : but if they thought otherwise, it 
was preposterous to say that we should not lay taxes on 
the people. We ought not to give in to the contracted 
idea, that taxes were so much money taken from the peo- 
ple : properly applied, the money proceeding from taxes, 
was money put out to the best possible interest for the peo- 
ple. He wished to see the nation free from external danger 
and internal difficulty. With such views, he could not see 
the expediency of abolishing the system of finance, estab- 
lished with so much care and difficulty. The broad question 
now before the House was, whether the government should 
act on an enlarged policy ; whether it would avail itself of the 
experience of the last war ; whether it would derive wisdom 



238 FEDERAL GOVERNMENT. [1816 

from the mass of knowledge already acquired from past 
events, or whether we should go on in the old imbecile 
mode ; contributing, by our measures, nothing to the honor, 
or reputation, or prosperity of the country. Such would 
not be his course. He thought it due to the national coun- 
cils — to the security of the country — that we should be 
well prepared against assauhs from abroad. If danger 
comes, we shall then be ready to meet it. If it never 
comes, we shall derive consolation from a knowledge of 
our security. He wished gentlemen might have an op- 
portunity to express their opinions on this subject, and to 
decide whether we were to travel doumward^ or to raise 
the nation to that elevation to which we ought to aspire." 

These views were not directly impugned, but some mem- 
bers did not give to them their sanction, because they were 
desirous of relieving their constituents from the burden of 
taxes, of which they had several years loudly complained. 
Andi a few were not liberal enough to appropriate the public 
money, except in cases of absolute necessity. Afterwards, 
and at different periods, it became a question of great 
interest, how far appropriations could justly be made by 
the federal government for internal improvements, as well 
as how far the doctrine of fostering domestic manufactures, 
which almost necessarily operated unequally in different 
sections of the Union, could be extended, under the author- 
ity of the Constitution. 

The conviction appeared general of the benefits to be de- 
rived to the nation from an increase of the manufacture of 
cotton and woollen goods, but there was a great diversity 
of opinion, at that time and at subsequent periods, in ad- 
justing the details of a law for the purpose of giving the 
direct encouragement of government to them. A high duty 
on imported goods would necessarily increase their price 
to the purchasers in the United States ; who, it was said, 
would be thus taxed for the benefit of the manufacturers. 
And the latter insisted on a high tarifi' for imported goods 
as requisite, to enable them to compete with foreign 
manufacturers ; especially while the business in the United 
States was in its infancy, and needed the aid of govern- 
ment, till it had greater maturity and more ability. 

In preparing an Act to give effect to the Convention for 
regulating commerce with England, then recently formed 
and ratified, the Representatives and the Senate differed ma- 
terially in their views. It was long a subject of interesting 
debate. The House of Representatives was compelled at 
last to yield to the views and opinions of the Senate on the 



1816] MADISON. 239 

subject ; and adopted the bill introduced into that branch, 
and withdrew that which they first passed. The House un- 
dertook to amend or alter the terms of the Convention ; or, 
at least, to give a construction to it, which was obviously 
not intended by the commissioners who signed it, and 
which would not have been admitted by the British gov- 
ernment. The treaty provided for the same duties on ton- 
nage and articles carried from the ports of the United States 
to those of Great Britain; and vice versa. The bill intro- 
duced into the House, and there adopted by the majority, 
made a distinction in cases of coming from ports in Eng- 
land, or from ports in the British islands and provinces ; 
and insisted, that this was requisite to render the terms of 
the treaty equal in their operation on the commerce of the 
two countries, and for establishing a real reciprocity of 
privileges or benefits. A large minority in the House ob- 
jected to this as incorrect; as it was assuming a power, in 
that branch of the government, to judge of the advantages 
of a treaty, which was the exclusive prerogative of the 
President and Senate. The advocates for the bill in the 
House, pretended that it was only giving a construction to 
the terms of the Convention. But this was not a valid 
argument ; for it was the sole province of the Judiciary to 
interpret a treaty after its ratification by the proper consti- 
tutional authority. A similar question arose in 1795, in 
the passage of a law of Congress for making the necessary 
appropriations to carry into effect the treaty made with 
England, in 1794. The Act which was adopted March 
1st, 1816, relating to the Convention with Great Britain, 
of July, 1815, declared "null and void any law of Con- 
gress which imposed a higher duty of tonnage or of im- 
post, on vessels, and articles imported in vessels of Great 
Britain, than on vessels, and articles imported in vessels 
of the United States, contrary to the provisions of the Con- 
vention between the United States and his Britannic 
Majesty ; the ratifications of which were mutually ex- 
changed in December, 1815." 

In 1816, a dispute again arose with Spain, respecting the 
right to West Florida. The Spanish minister was in- 
structed to remonstrate against the occupancy and claims of 
that territory by the government of the United States. The 
latter claimed it as a part of Louisiana ; and five years 
before had taken possession of some parts of it, but with- 
drew its troops on the united remonstrance of Spain and 
France. The American government never gave up its 
claim, and had again occupied a portion of the territory by 



240 FEDERAL GOVERNMENT. [1816 

an armed force. This occupancy the Spanish minister 
now insisted should be no longer held, until negotiations 
could be had, and the question fairly settled, as to the jus- 
tice of the claim. The Eavoy of his Catholic Majesty, at 
the same time, urged upon the government of the United 
States, the propriety and justice of preventing the military 
expeditions fitting out within its jurisdiction, and on the 
Mississippi, against Mexico ; whichwas then in a state of re- 
volt or rebellion, — as the Envoy characterized it, — against 
the king of Spain. And he also demanded, that no inter- 
course should be allowed between the United States and 
the revolted province. 

In replying to this statement and demand of the Spanish 
minister, the American Secretary of State referred to sev- 
eral instances of alleged injury, on the part of Spain, to the 
United States, and to a delay of indemnification for former 
depredations on American commerce, which had been pro- 
mised to be made. He did not directly impugn the claim 
of the Spanish monarch to Florida ; but undertook to show 
that as it was now separated from his Mexican territory, it 
was of litde advantage to that nation; and that an ex- 
change of it might be made with the United States, for a 
tract on the west of the Mississippi, belonging to the latter, 
since the purchase of Louisiana, and bordering on Texas, 
then considered a part of Mexico. The Secretary did 
however, state that a part of West Florida was supposed 
to be within the territory ceded to the United States, by 
the general name of Louisiana ; such being the extent of 
the country in 1763, when it was relinquished by France : 
and that negotiations might proceed, as well while it was 
possessed by the United States, as by Spain. He denied 
that any armed force was forming within the United States 
against Mexico, with the knowledge of the government; 
and said that if any should appear it would be discoun- 
tenanced and prevented. That vessels might be admitted 
into the ports of the United States, for purposes of trade, 
coming from places in Mexico, pretended by the Spanish 
Envoy to be in a state of revolt from the authority of the 
parent government in Europe, he did not deny ; and added, 
that it was not the policy of the federal government to in- 
terfere in the disputes between the parent country and their 
American provinces ; nor to exclude the flag of any neutral 
nation, engaged in commercial enterprise. 

This correspondence led to no immediate important re- 
sult. The Spanish minister still complained of the conduct 
of the American government ; and his chief object appeared 



1816] MADISON. 241: 

to he a delay, or evasion of the real subjects in controversy. 
It also appeared that he had not full powers to decide the 
questions which had long been in dispute between the two 
governments. The subject was discussed again, and more 
fully, some two years afterwards — when Mr. Monroe was 
President ; and the negotiation was ably conducted by Mr. 
Adams, Secretary of State. Soon after, Spain ceded the 
provinces of East and West Florida to the United States : 
And the federal government became obliged and respon- 
sible to its own citizens, who had claims on the Spanish 
king for various commercial depredations ; to the amount 
of five millions of dollars ; which might be considered, in 
some sense, as the purchase money for the territory. 

The negotiations with Spain in 1816 and in 1818, had 
reference also to the western bounds of Louisiana. The 
American administration first claimed as far as the Red 
river ; but the Spanish Envoy was instructed not to con- 
sent that Louisiana should extend farther west than the 
river Sabine. And it was accordingly so finally settled. 
It was also agreed, at the same time, that the United States 
should extend from a point in latitude 42*^ north, to the Co- 
lumbia river, and to the Pacific ocean, so far as Spain was 
concerned. It was intended by Spain to limit the western 
part of the United States by the Rocky mountains ; but 
the federal administration urged the extension to the Pa- 
cific ; and it was so stipulated. 

The financial and monetary concerns of the United 
States received the particular attention of Congress at this 
session. Besides the establishment of a national bank, 
which was a very important measure, in relation to the 
finances and the currencj'' of the nation, — the bank, now 
incorporated, being far more secure and perfect than the 
bill of 1815 had proposed, — an act was passed for regulating 
and fixing the value of foreign coin, especially those of 
Great Britain, France, Spain, and Portugal, which were 
chiefly then circulating in the United States. These coins 
were also made a tender, at certain rates, as specified in 
the law. Propositions were also made in Congress, at this 
time, for regulating State banks, in some respects ; and a 
prohibition to receivers of public federal duties and taxes, 
to take the bills of banks which did not redeem them in 
specie. Indeed, the question arose, whether the cur- 
rency of the country, including the bills of State banks, 
was not subject to the regulation and control of Congress, 
according to the intent of the Constitution. The literal 
and obvious meaning of that national compact, it was 
31 



242 FEDERAL GOVERNMENT. [1816 

contended, gave the whole direction of the currency, and 
bills of credit, to the federal government. But State banks 
were then numerous ; some had been in operation twenty- 
years ; their convenience had been fully proved ; and to 
put them all down, or to restrain them materially, would 
probably cause great embarrassment and suffering. Yet it 
was generally admitted that Congress had a right so far 
to interfere, as to decide whether the national taxes should 
be received in the bills of State banks, or in any other me- 
dium than specie, or its own notes, issued by its orders 
from the national treasury. The establishment of a na- 
tional bank, with branches in all the large and populous 
States of the Union, was found to answer the purposes of 
a general circulating medium, and the State banks were 
left without any regulation by Congress, except so far as 
to forbid public officers receiving the bills of such banks as 
did not pay specie. On this subject a resolve of Congress 
was adopted, directing "the Secretary of the Treasury to 
receive for debts and taxes, due the federal government, 
only gold and silver, treasury notes, bills of the bank of 
the United States, and of banks which paid their notes on 
demand, and in specie." The Secretary gave public no- 
tice of this resolution, and he also urged on all banking 
companies to redeem their small notes by specie, as an ac- 
commodation to individuals, as well as for their own credit. 
The Secretary was also directed not to make deposites of 
the public funds in State banks, which did not redeem their 
notes in specie, after February, 1817.* There was a strong 
disposition manifested by Congress, at this period, for in- 
creasing the amount of specie, as a circulating medium; 
and yet not to require it as the only one. It was perceived 
that it would not be practicable, nor for the public con- 
venience, indeed, to exclude paper from circulation, and to 
insist on all payments in gold and silver. 

The leading policy and views of Congress, as well as of 
the President, were developed in his address to the federal 
legislature, in December, 1816 ; the last he presented, con- 
taining his opinion of public national measures, as he retired 
from office at the close of the session. The political views 
of the President were generally, though not always, ap- 



*The banks in Massachusetts, and in most of the New England States, paid 
their bills in specie at that time ; but those in the Middle and Southern States 
did not. In August, 1816, a Committee of Banks, in the ftliddle States, met 
in Philadelphia, and recommended that specie payments be postponed till 
July, 1817. 



1816] MADISON. 243 

proved and sanctioned by the majority of Congress. The 
pohcy he recommended, after the war, was in some respects 
different from that he had previously urged. Domestic 
manufactures were referred to, as meriting the patronage 
and aid of government, and the regulation of the tariff on 
imported articles, so as to have a favorable effect in securing 
that object. The necessity of public credit was prom- 
inently noticed ; and a recommendation to provide for the 
payment of debts due the government, either in specie, or 
in notes of Banks which promptly redeemed their paper in 
gold and silver. " There is only wanted to the fiscal pros- 
perity of the government, (he said,) the restoration of an 
uniform medium of exchange. The local accumulations of 
the revenue have enabled the treasury to meet the public 
engagements in the local currency of most of the States. — 
But, for the interests of the whole community, as well as 
for the purposes of the treasury, it is essential that the na- 
tion should possess a currency of equal value, credit and 
use, wherever it may circulate. The Constitution has en- 
trusted Congress, exclusivelij, with the power of creating and 
regidating a currency of that description ; and the measuj-es 
which were taken at the last session, in execution of this 
power, give every promise of success. The Bank of the 
United States has been organized under the most favorable 
auspices, and cannot fail to be an imjjortant auxiliary to 
those measures.^ ^* 

The President referred, in this message, to the depressed 
state of the navigation of the United States ; arising from 
some of the stipulations and articles in the commercial con- 
vention, then recently formed between the American and 
British governments, and particularly to the trade with the 
colonial ports of Great Britain. The convention expressly 
regulated the trade, between the ports of the United States 
and those of Great Britain, in Europe ; and it was consid- 
ered on fair and reciprocal principles ; but it had omitted 
to include or adopt any article relating to the trade between 
the United States and British colonial ports : So that the 
commercial intercourse between these was subject to the 
regulations of the British government, and was in fact mo- 
nopolized by British merchants, to the indirect injury of the 
United States. This defect was early perceived, and an 

* The leading members in Congress, who had been in the opposition during 
the war, and for some years before, having disapproved of embargoes, non- 
importations, and non-intercourse, fully approved and supported the measure of 
a national bank, and of providing for receiving the public dues in specie, ojr 
the bills of banks which paid specie. 



244 FEDERAL GOVERNMENT. [1816 

attempt was made, in the House of Representatives, to 
remedy the evil, by having an alteration in the convention, 
so as to open the British colonial ports to vessels of the 
United States, as has been before stated — but it was deemed 
improper for the House of Representatives to interfere with 
the articles of the convention, as it had been confirmed by 
the President and Senate. It was also proposed in the 
'House, early in the present year, (1816.) to remedy the evil, 
by laying higher duties on the tonnage of vessels and im- 
ports from the British colonial ports, than on those coming 
direct from British ports in Europe. But the proposition 
did not then meet the approbation of Congress. Efforts, 
however, were soon after made by the American adminis- 
tration, to negotiate on the subject; but the British govern- 
ment declined all discussion respecting it ; yet evidently 
admitting, that discriminating or countervailing measures, 
adopted by the American government, would not necessarily 
be construed as indicating any hostile spirit towards that 
nation. Early in the session of December, 1816, Congress 
passed an act imposing additional duties on British vessels 
and imports from the colonial ports, from which American 
vessels were excluded by the convention ; but not affecting 
at all the regulations of the commercial intercourse with the 
ports in Great Britain, as contained in the treaty. 

The message gave Congress information of an attack 
recently made in the Gulf of Mexico, on a public armed 
vessel ofthe United States, sanctioned, as was then believed, 
by the Spanish government ; and that a frigate and a smaller 
vessel of war had been ordered to proceed to the Gulf, for 
the protection of the vessels and commerce of the United 
States. But assurances had been given by the Spanish 
minister, that no orders of his government had been issued, 
authorizing such attack, nor any other act of a hostile char- 
acter. It was also stated in this public address of the Pres- 
ident to Congress, that friendly relations were maintained 
with the Indian tribes within the territory of the United 
States ; and that continued efforts would be made to preserve 
this pacific course of policy towards them. A new organ- 
ization of the militia was recommended, in order to render 
that great arm of national defence more efficient, and as 
being within the constitutional right and duty of the federal 
governmept. The establishment of a national university, 
by Congress, in the District of Columbia, was again recom- 
mended.* And a suggestion made of the importance of an 

^ '* TMiis subject was committed and a report made in favor of such an institu- 
tion; but did not receive the sanction of the majority of Congress. 



1816] MADISON 245 

adequate provision for the uniformity of weights and meas- 
ures ; which the Constitution had placed in the hands of 
the national government. Subsequently Congress passed 
a law for this purpose ; and an elaborate report was 
made on the subject by the Secretary of State, (Mr. Adams.) 

The national debt was large, at this time ; but the Pres- 
ident gave notice of the prosperous condition of the finances 
of the government : by which it appeared, that the public 
expenses would be fully provided for, with a surplus of 
nearly ten millions for reducing the debt which had accrued 
during the war. 

The acts of Congress passed at this session, will show 
how far the recommendations of the President were ap- 
proved and adopted by the legislative branch of the govern- 
ment. A law was enacted, authorizing the Secretary of the 
navy, under direction of the President, to cause a survey of 
the public lands which produced live oak and red cedar, — > 
with a view to their reservation, for increasing the navy at 
any future period. On the subject of navigation, it enacted, 
that no goods or mercliandise should be imported into the 
United States from a foreign port, except in vessels of the 
United States, or in such foreign vessels as truly belonged to 
the subjects of the country, of which the goods were the 
product or manufacture : That fifty cents per ton be im- 
posed on vessels of the United States arriving from a foreign 
port, unless the officers and two thirds of the crew were 
citizens of the United States: and a similar regulation was 
to apply to fishing vessels : That a duty of fifty cents a 
ton, be laid on American vessels entering in a district in one 
State from a district in another State, except the States were 
adjoining each other; with a provision in favor of such 
vessels as had three-fourths of their crews citizens of the 
United States : That a territory constituted by Congress, 
and having a temporary government by virtue of a previous 
law of the United States, should have the privilege of elect- 
ing a delegate to Congress, who should have a right to take 
part in debate in the House of Representatives, but not to 
vote. An act was also passed, requiring prompt settlement 
of all public accounts, and providing for the appointment of 
five Auditors, and pointing out their separate and particular 
duties. At this session, a law was also enacted, for the 
purpose of preserving the neutral relations of the United 
States ; which forbid, under severe penalties, American 
citizens engaging in any hostilities against the subjects or 
people of a government at peace with the United States. 
A marine corps was provided for, on the peace establish- 



246 FEDERAL GOVERNMENT. [1816 

ment, to consist of eight hundred, inchiding officers ; 
which were to be, one Lieutenant Colonel, nine Captains, 
twenty-four First Lieutenants, sixteen Second Lieutenants, 
one Adjutant, one Paymaster, and one Quarter-master. 

On the first of March, a hill was passed hy both Houses 
■of Congress, for appropriating the bonus, which the govern- 
ment was to receive of the United States Bank, to purposes 
of internal improvements ; but was rejected by the Presi- 
dent. The bill was supported by some leading members 
of Congress at that time, who afterwards doubted the con- 
stitutional right to make such appropriations. This sub- 
ject was frequently discussed in Congress afterwards ; a 
portion favoring the system with a view to national pros- 
perity ; and others opposing it, from constitutional scruples, 
except in cases of great and obvious general benefit, and to 
the execution of which no single State was disposed, or 
fully competent. One great objection was, the difliculty 
of deciding on the extent of such appropriations, after the 
precedent was once established. 

[The following was intended as a part of the note at page 227.] 

Mr. Marshall, in the Virginia Convention for adopting the federal Constitu- 
ition, asked, " if gentlemen were serious, when they asserted, that if the State 
governments had power to interfere with the militia, it was by implication 
merely.^' He thought " that the least attention would show they were mistaken. 
The State governments did not derive their powers from the general govern- 
ment. But each government derived its power from the people: and each 
was to act accordmg to the powers given it." He asked " if powers not given 
were restrained only by implication. Could any one deny, that this power 
was retained, since they had not given it away. Does not a power remain 
until it is given away ? The State legislatures always had power to govern 
and command their militia; and have it still, undoubtedly, unless in cases ex- 
pressly given by the Constitution to the federal government." 

In 1812, Mr. Poindexter said, " he thought that we could not constitution- 
ally employ the militia without the territory of the United States; and that no 
act of Congress could confer such a power on the President," 

Mr. Grundy said, " if the Constitution forbids the President sending the 
militia out of the United States, how can Congress authorize him to do it by 
law? But it is said, a volunteer militia-man may authorize the President to 
«end him out of the United States. When the power of making war and rais- 
ing an army was given to Congress, the militia were retained by the States, 
except in the particular cases mentioned. How, then, can you permit the 
militia to engage in the service of the United States, contrary to the provisions 
of the Constitution; and by that means leave a State unprotected?" The 
very case, in which the executive of Massachusetts was severely censured for 
his conduct in 1812. 

Mr. Nicholas, of Virginia, said, *' Congress cannot call out the militia for 
any other purpose than to execute the laws, suppress insurrection, and to repel 
invasion." Mr. Cheeves, of South Carolina, and Mr. Clay, of Kentucky, 
-were in favor of giving the President entire control of the militia, whenever he 
should consider it necessary for the public safety and benefit. 



1817] MONROE. 247 



CHAPTER X. 

James Monroe, elected President. His Policy and Measures similar to Mr. 
Madison. A practical Statesman. Attentive to the Public Finances. Fa- 
vors Economy in Public Expenses; and urges the strict accountability of 
the Officers and Agents of Government. Encouragement to Domestic 
Manufactures. Internal Improvements. Objections to Appropriations for 
them. Pension Law. Great number of Pensioners. Megotiations with 
England on Commerce. Disputes with Spain. Florida Controversy. Modi- 
fication of Pension Law. 

James Monroe, of Virginia, entered on the duties of Presi- 
dent, March, 1817; having been elected in the manner 
provided by the Constitution ; and generally pursued the 
policy adopted by his predecessor, in the last year of his 
administration, and the year after the war. He was favor- 
able to the support and increase of the navy, and recom- 
mended fortifications on the seacoast and other measures 
of national defence. The Secretary of War, (Mr. Calhoun,) 
was also decidedly in favor of these measures. Mr. Monroe 
had less .scruples on the subject of expenditures for internal 
improvements, than his predecessor, who doubted that 
the Constitution had given such power to the federal gov- 
ernment. 

The address made by Mr. Monroe, at his inauguration 
as President, March, 1817, and his first message to Con- 
gress, December following, disclose in some measure the 
views which would guide him in administering the federal 
government, as well as his theory of the Union and of the 
separate States. " Under the federal Constitution, the 
States respectively are protected against foreign dangers, 
while they enjoy, by a wise partition of power, a just pro- 
portion of sovereignty, and are improving their police, ex- 
tending their settlements, and constantly gaining strength 
and maturity." 

He spoke of the importance of the Union, and of the inter- 
est of the people in every section to preserve it. " The great 
agricultural interests of the nation prosper under its pro- 
tection ; and local interests, are also fostered by it. Our 
fellow-citizens of the north, engaged in navigation, find 
great encouragement in being the carriers of the produc- 



248 FEDERAL GOVERNMENT. [1817 

tions of other parts of the United States ; while the inhabi- 
tants of these are amply recompensed, by the nursery for 
seamen and naval force, thus formed and reared up, for the 
support of our common rights. — Our manufactures find 
encouragement by the policy which patronizes domestic 
industry : and the surplus of our produce, a steady and 
profitable market by local wants, in less favored parts, at 
home." 

On the origin and nature of the federal government, he 
says, " the defects of the first instrument of our Union — 
the confederation — have been remedied, by infusing into 
the national government sufficient power for national pur- 
poses, without impairing the just rights of the States, or 
affecting those of individuals. — Had the people of the 
United States been educated in different principles ; had 
they been less intelligent, less independent, or less virtuous, 
can it be supposed that we should have maintained the 
same steady and consistent career; or been blessed with 
the same success ? While then the constituent body re- 
tains its present sound and healthful state, every thing 
will be safe. The people will choose competent and faith- 
ful representatives for every department. It is only when 
the people are ignorant and corrvpt ; when they degen- 
erate into a populace ;* that they are incapable of exercising 
the sovereignty. Usurpation is then an easy attainment, 
and an usurper soon found. The people themselves be- 
come the willing instruments of their own debasement and 
ruin." 

He spoke in favor of measures for protection and defence 
against foreign powers — " many of our citizens are engaged 
in navigation, in commerce, and the fisheries. These in- 
terests, as we have seen, are exposed to invasion in wars 
between other nations; and we should disregard the faith- 
ful admonitions of experience, if we did not expect it, and 
guard against it. We must support our rights, or lose our 
character ; and with it, probably, our liberties. A people 
who fail to do this, can scarcely be said to hold a place 
among independent nations." 

The attention of the general government to manufac- 
tures was strongly recommended ; and the opinion ex- 
pressed that a systematic and fostering care should be af- 
forded to them. " Possessing, as we do, all the raw mate- 

* The mere populace, or rather the mob or the rabble, must here be in- 
tended. In a republic the populace are the people, and therefore the source 
of power. To prevent their being deceived and corrupted, must be the desire 
of every true patriot. 



1817] MONROE. 249 

rials, the fruit of our own soil and industry," the President 
said, "that we ought not to depend, in the degree we have 
heretofore done, on supplies from other countries. While 
we are thus dependent, the sudden event of war, unsought 
and unexpected, cannot fail to plunge us into the most se- 
rious difficulties. It is important too, that the capital, 
which nourishes our manufactures should be domestic ; au 
its influence, in that case, instead of exhausting, as it may 
do in foreign hands, would be felt advantageously on agri- 
culture, and every other branch of industry. Equally im- 
portant is it, to provide at home a market for our raw ma- 
terials ; as, by extending the competition, it will enhance 
the price, and protect the cultivator against the casualties 
incident to foreign markets." A committee was raised in 
the House of Representatives to consider the expediency of 
providing by law for clothing the army in domestic manu- 
factured goods ; but although the members who expressed 
an opinion on the subject were in favor of the measure, 
no act was passed for the purpose, at that session of Con- 
gress. 

Of the powers and duties of the executive relating to the 
public revenue and finances, the President gave his views 
very plainly, and very wisely ; and it is only by conform- 
ing to the course he indicated, that the people's money 
can be safely kept or collected. " The executive is charged 
with the disbursement of the public money, and is respon- 
sible for the faithful application of it to the purposes for 
which it is raised. The legislature is the watchful guar- 
dian over the public purse. It is its duty to see that the dis- 
bursemetits have been honestly inade. To meet the requi- 
site responsibility, every facility should be afforded to the 
executive, to enable it to bring the public agents^ entrusted 
with the public money, strictly and promptly to account. If 
the public money is suffered to lie long and uselessly in their 
hands, th^y will not be the only defaulters ; nor will the 
demoralizing effect be confined to them. It will evince a 
relaxation, and a want of tone in the administration, which 
will be felt by the whole community. A thorough exami- 
nation should be made ; and I will readily promote it." 

The President also expressed a hope, that harmony in 
political opinions would more prevail among the people in 
future, and observed, he was happy to perceive indications 
of such a desirable event. Its future benign results were 
well portrayed ; and an assurance given of exertions, on 
his part, to increase and extend it. No part of his official 
conduct contradicted the magnanimous spirit, which he dis- 
32 



250 FEDERAL GOVERNMENT. [1817 

covered ; and yet his selections for public office were con- 
fined, in a great measure, to those of his peculiar political 
views. The President made a journey through the mid- 
dle and eastern States, in the summer after his election, as 
Chief Magistrate of the United States; and though the 
majority in most of these States had opposed some of the 
leading measures of the administration of his predecessors, 
of which he had himself been a member, they united, as one 
man, in demonstrations of respect and courtesy towards 
this highest functionary of the federal government. 

The visit and intercourse Avere favorable to the harmony 
he had recommended ; and no one was more ready to co- 
operate with him in promoting this desirable object, in an 
honorable manner, than Governor Brooks, then Chief Ma- 
gistrate of the ancient Commonwealth of Massachusetts. 

As the message of the President to Congress, at the open- 
ing of the session, December, 1817, was more of a business 
paper than his inaugural address ; relating to the existing 
state of the country, and to the particular measures which 
he deemed proper for legislative consideration, a reference 
to its contents will exhibit the policy of the administration,* 
and present a view of public events of recent occurrence, 
at that period. 

" The revenue was greatly augmented by an extensive 
and profitable commerce. — Public credit had attained an 
extraordinary elevation. — Preparations for defence, in case 
of future wars, were advancing under a well-directed sys- 
tem, with all reasonable dispatch. — -Local jealousies were 
yielding to more generous and enlightened views of na- 
tional policy." 

A proposition had been made by the administration to 
the British government, for extending the principle of the 
Convention made in 1815, (by which the commerce be- 
tween the ports of the United States and British ports in 
Europe had been put on a footing of equality,) to the colonies 
of Great Britain : but was declined by that government : 
and it was suggested to Congress to adopt regulations, for 
the protection and improvement of the navigation of the 
United States, in consequence of the refusal by the British 
to open their ports in their colonies, on similar terms as had 
been agreed, as to their ports in Europe. By an act of 
Congress on the subject of navigation, passed at the same 



* The members of Mr. Monroe's cabinet were among the most able poli- 
tical characters. J. Q,. Adams was Secretary of State, Wm. H. Crawford, 
Secretary of the Treasury; and John C. Calhoun, Secretary of War. 



1818] MONROE. 251 

session, the ports of the United States were to be closed, 
after September, 18 iS, against British vessels coming from 
any port in the colonies of Great Britain, which were 
closed against vessels belonging to citizens of the United 
States ; and if they should enter, or attempt to enter Amer- 
ican ports, the vessel, cargo, and furniture, were declared 
forfeited to the United States. The advocates of this act 
considered it not as a hostile measure towards Great 
Britain ; but a necessary regulation for the due protection 
of American navigation. 

The difficulties with Spain, on account of Florida, which 
had given the administration much anxiety for several 
years, still continuing, the subject was noticed at large, in 
the President's message, at this time ; and it was recom- 
mended to Congress to settle the dispute, if it could be def- 
initely done, by a purchase of the whole territory. Mexico, 
at this period, was in a state of commotion and revolt, and 
other provinces in South America were evidently on the 
eve of revolutions, of less or greater extent ; and it became 
important to have all old disputes with Spain speedily 
settled and terminated. 

The American Envoy to Spain, had been instructed, in 

1815, to demand indemnity for suspending the right of de- 
posite at New Orleans ; for a refusal or neglect to fix the 
boundaries of their territory bordering on Louisiana ; and 
for spoliations on commerce, whether made by Spanish 
vessels, or by the French, and condemned in their ports. In 

1816, the Envoy invited negotiations on these subjects, 
agreeable to his instructions ; but was told, the dispute 
would be settled at Washington. But it was found that 
the Spanish minister, near the American government, had 
not full power to settle any thing ; and his object appeared 
to be delay. In 1818, the executive, by the Secretary of 
State, offered the following proposition to the Spanish min- 
ister, with a view to terminate the differences between the 
two governments, "A surrender or cession, by Spain, of all 
territory east of the Mississippi river — Colorado to be the 
eastern boundary — a reference to commissioners of the 
claims on account of spoliations — that lands in East Florida 
and to the river Perdido be held as a security for indemni- 
ties allowed — and Spain released from the payment of debts 
arising from the claims. Evasion, or postponement of the 
dispute, appeared still to be the object of Spain ; for her 
minister offered nothing definite, or what was most mani- 
festly unacceptable and unreasonable. And when in the 
summer of 1818, his consent was given for the cession of 



252 FEDERAL GOVERNMENT, [1818 

Florida, as proposed by the American government, it was 
with the condition, that all grants of land, within the terri- 
tory, by the King of Spain to individuals, were to be recog- 
nized as valid ; and these grants it was found, were very 
extensive, and contained some of the most valuable parts of 
the country. The American Secretary was instructed to 
reply to the Spanish minister, " That these grants must be 
cancelled, or other indemnity provided for the citizens of 
the United States." After some further delay, the Spanish 
government engaged to cancel the private grants of land in 
Florida ; and vexatious disputes, of upwards of twenty 
years continuance, were thus happily brought to a close. 
One cause of delay, on the part of Spain, was the revolu- 
tions in her Mexican and other American provinces, con- 
nected with an apprehension, that the government of the 
United States, encouraged or would favor the independence 
of those provinces of the parent state in Europe. 

The President had then expressed a syrrvpathy for the inhab- 
itants of those provinces, in their efforts for self-government. 
Spanish armed vessels had, for some years before this pe- 
riod, committed depredations on the commerce of the United 
States in the Mexican seas ; and though the federal execu- 
tive had promptly sent out several public ships for the pro- 
tection of the navigation in those seas, it was important to 
provide by treaty against a recurrence of such injurious 
practices. As a measure of provident caution, the Presi- 
dent sent out a ship of war with three commissioners, along 
the southern coasts, to obtain correct information relating 
to the conduct of unauthorized and disorderly individuals, 
within the territory claimed by the United States, by the 
purchase of Louisiana and the cession of Florida ; and par- 
ticularly to attempts by these lawless persons to introduce 
African slaves into the United States. Such acts were al- 
leged to have been committed at different places on the 
coast, from Amelia island, at the mouth of the river St. 
Mary, to Galveston, in the gulf of Mexico. No European 
government had authorized these proceedings ; and it be- 
came necessary to adopt efficient measures to prevent, by 
force, the repetition of such proceedings. 

Referring to the public revenue and expenditures, the 
message estimated the former at twenty-four millions and 
a half; and the latter at twelve millions. Ten millions 
had been applied to the reduction of the public debt and in- 
terest But during the year 1817, then drawing to a close, 
eighteen millions of the debt had been paid. It was esti- 
mated also, that the debt incurred by the purchase of 



1818] MONROE. 253 

Louisiana might be fully discharged in the two following 
years.* The President urged on Congress in this message, 
the improvement of the miUtia system. It was estimated 
that the number of the militia exceeded eight hundred 
thousand ; and it was recommended to arm the whole in 
an efficient and uniform manner. The number of regular 
troops in the United States service, at that time, was up- 
wards of eight thousand. f 

Further purchases of lands of the Indian tribes, it ap- 
peared, had been made ; chiefly in the west and northwest ; 
which were within the States of Ohio and Indiana, and of 
the territory of Michigan. These purchases had been ef- 
fected on friendly terms, and the value at which they were 
estimated by the Indians was paid by the government ; and, 
when desired, tracts were reserved for the exclusive use 
and occupancy of the natives. A large tract had then also 
been purchased of the Cherokee tribe, within the State of 
Georgia, and an arrangement made by which lands, west 
of the Mississippi, were to be given in exchange for all the 
territory claimed by that tribe, on the east of that river. 
The following comment was made by the President, in his 
message, on these purchases of the Indian tribes. " In this 
progress" (the extension of settlements in the west by the 
civilized inhabitants of the United States) "which the 
rights of nature demand, and nothing can prevent, marking 
a growth rapid and gigantic, it is our duty to make new 
efforts for the preservation, improvement, and civilization 
of the native inhabitants. The hunter state can exist only 
in the vast uncultivated desert. It always yields to the 
more dense and compact form, and greater force, of civil- 
ized population: and of right it ought to yield; for the 
earth was given to mankind, to support the greatest num- 
ber of which it is capable ; and no tribe, or people, have a 
right to withhold from the wants of others more than is 
necessary for their own support and comfort." 

These views were at once philosophical and humane. 
And if they were made as an apology for the policy of the 
government in obtaining tracts of land from the native 
Indians, they apply also to the measures adopted by Wash- 
ington and his successors : who, while they all authorized 

* The national debt, on the first of January, 1818, amounted to nearly one 
hundred millions of dollars ; it had been reduced about twenty millions during 
the two preceding years. 

t The number of patents issued in 1817, for new inventions, was one hun- 
dred and seventy : an evidence of the great industry and ingenuity of the cit- 
izens of the United States ; particularly of mechanics. 



254 FEDERAL GOVERNMENT. [1818 

purchases of the Indian lands, were careful to pay a just 
compensation for them, and to have the free consent of the 
head-men of the tribes, by treaty, for the possession. 

The President called the attention of Congress to the 
public lands, which he said were of vast extent, and rapidly 
rising in value. And he suggested the importance of legis- 
lation on the subject, which should prevent their monopoly 
by a few speculating capitalists for their own profit ; and 
to render them most productive to the United States revenue, 
consistently with due accommodation to actual settlers. 
" The public lands," he said, "were a public stock which 
ought to be disposed of to the best advantage for the nation ; 
and the nation should derive the profit proceeding from the 
constant rise in their value. Every encouragement should 
"be given to emigrants, consistent with a fair competition 
between them ; but that competition should operate, in the 
first sale, to the advantage of the nation, rather than of indi- 
viduals. Great capitalists will derive all the benefit inci- 
dent to their superior wealth, under any mode of sale which 
may be adopted. But, if looking forward to the rise in the 
value of public lands, they should amass vast bodies in 
their hands at low prices, the profit will accrue to them, 
and not to the public. They would also have the power 
to control the emigration and settlement, in such manner as 
their opinion of their own particular interests might dic- 
tate." 

The subject of public roads and internal improvements 
was distinctly noticed in the message of the President, at 
this time ; and, while he admitted the benefit to be derived 
from them, he expressed his doubts as to the constitutional 
power of Congress to apply the public funds to such pur- 
poses. As the subject had then recently been before Con- 
gress, and might soon again be introduced, he said he con- 
sidered it his duty to notify them, that with his present 
views he could not approve of any act for such objects, 
without an additional clause in the Constitution, authorizing 
such appropriations. Large sums had already been ex- 
pended on the Cumberland road, opening a better inter- 
course between the Atlantic States and those of the interior 
in the west ; and further appropriations were then proposed 
to extend and to complete it. 

" In case of doubtful construction," — this is the language 
of the President — " especially of such vital interests, it 
comports with the nature and origin of our institutions, and 
will contribute most to preserve them, to apply to our con- 
stituents for an explicit grant of power. And I think 



1818] MONROE. 255 

proper to suggest also, if this measure is adopted, that it be 
recommended to the States to include, in the amendment 
sought, a right in Congress to institute seminaries of learn- 
ing for the important purpose of ditfusing knowledge 
among our fellow -citizens throughout the United States." 

The labor for completing this great public road, from the 
river Potomac, dividing Vh'ginia and Maryland, to the Ohio 
river, was suspended for some time; but the construction 
was afterwards resumed, and vast sums of public money- 
expended in rendering it fit for travel. 

In this message, the President recommended the repeal 
of internal taxes: "The revenue," he said, "arising from 
impost and tonnage, and the sale of public lands, would be 
fully adequate to the support of civil government, of the 
military and naval establishments, for interest, and author- 
ized instalments of the public debt." 

Early in the session, Congress passed an act to abolish 
the internal duties imposed in the war of 1812 — 1815 : these 
were duties on licenses to distillers, on refined sugar, li- 
censes to retailers, sales at auction, on pleasure carriages, 
stamped vellum, parchment, and paper. Most of the meas- 
ures recommended by the President were approved by a 
large majority of Congress ; and there was much harmony 
among members of different political views. For there 
were still some differences of opinion ; but much less of 
crimination or bitterness manifested in debate than had ap- 
peared for several preceding years.* 

In conformity to the suggestion of the President, a law 
was passed at this session of Congress, granting pensions to 
the surviving oflicers and soldiers of the revolutionary war, 
which included all who had served nine months in the con- 
tinental army at one term of enlistment.f The law was 
modified, and in some measure restricted, by an act two 
years after, which confined the pension to those who were 
in destitute circumstances. But, with this modification, the 
law afforded relief to a great number, not less than thirteen 
thousand, who had given their personal services and haz- 
arded their lives for the liberties of the country, in the war 

* During this session, the compensation for members of Congress was fixed 
at eight dollars a day; and eight dollars for every twenty miles travel; and the 
act of March, 1816, providing a salary of fifteen hundred dollars for each 
member, was repealed. 

t The bill for this purpose was discussed several weeks, and was warmly op- 
posed by several members as injudicious and extravagant ; but was finally passed 
by large majorities in both Houses of Congress — in the Senate by tluee-fourths. 
Among the most active advocates of the bill, was Harrison, of Ohio, in the 
House; and King, of New York, and Otis, of Massachusetts, in the Senate. 



256 FEDERAL GOVERNMENT. [1818 

of the Revolution. It was considered an act of great gen- 
erosity, or liberality, in the government ; but it was in truth 
no more than equity and justice, to grant such support to 
those who defended the country in a period of danger ; 
and who, through the inability of government, had never 
before received an adequate compensation for their invalu- 
able services. 

An additional act was passed at this session of the federal 
legislature, on the subject of importation of slaves into the 
United States ; which modified, in some particulars, the law 
of 1807 on the same subject, but did not materially change 
its prohibitions or penalties. And a further law was enacted, 
forbidding the citizens of the United States to engage in 
any hostile enterprise against the subjects of a government, 
which was on terms of peace and amity with the United 
States. There were some attempts at that time to introduce 
slaves into the country, through the ports in the extreme 
south ; and an expedition was apprehended to be in prep- 
aration to invade the Mexican territory with hostile views. 

The subject of internal improvements, at the expense of 
the federal government, was before Congress during this 
session. A committee, who had the subject under consid- 
eration, reported, " that the dividends of the United States 
stock, in the national bank, be appropriated to such objects ; 
but there was a strong opposition to the measure ; and after 
repeated debates, relating principally to the constitutionality 
of such appropriations, the subject was postponed to a future 
day. And yet a vote was taken in the House, at one stage 
of the bill, when there appeared a majority of fifteen in 
favor of appropriating the public funds for canals, and for 
military and post roads. The majority in both Houses of 
Congress on granting legislative encouragement to the do- 
mestic manufacture of cotton and woollen cloths, at this 
time, was very great. In the Senate, all but three, and in 
the House of Representatives, all but sixteen voted for a bill 
to coniimte, for seven years, the duty laid in 1816, on im- 
ported goods of these descriptions. The navigation act, 
passed at the same session of Congress, imposing additional 
duties on vessels coming from ports, which were interdicted 
to American vessels, and designed to favor the commerce 
of the United States, was adopted by equally large majori- 
ties in both branches of the national legislature.* 

* This act was designed to remedy or countervail the exih of excluding 
American vessels from the British colonial ports, as the commercial convention 
with England, in 1815, had done. Mr. King of New York, explained and ad- 
vocated the bill with very great ability; and to the conviction of all who heard 
or read bis argument. 



1818] MONROE. 257 

A motion was made in the House of Representatives, 
when in committee of tlie whole, by the Speaker — Mr. 
Clay, of Kentucky — for a mission to South America, to ex- 
press the sympathy of the government of the United States, 
for the colonies there, which had declared their indepen- 
dence, with a view to enter into friendly political relations 
with them at a future day. The specific proposition was, 
to provide a support for a minister to Buenos Ayres and 
the provinces of La Plata, should the executive see fit to 
appoint one ; thus previously giving an opinion in favor of 
such a measure. The proposition was rejected by a vote of 
one hundred and fifteen to forty-five. It was not the object 
of the mover to compromit the peace of the United States, 
or to authorize any connection which would necessarily pro- 
duce a war with an European power. But the objections 
were, to moving at all in such a measure, as it might involve 
the United States in unforeseen difficulties ; and it was con- 
tended, that no advantage would probably result from it. 
Mr. Forsyth, of Georgia, opposed the projected measure 
with great ability and eloquence. Those members of the 
House, who had been usually denominaied federalists, took 
little part in the debate. The inhabitants of South America, 
as well as of Mexico and Central America, had long been 
kept in a degraded condition, and unjustly oppressed. Their 
situation was commisserated by the citizens of the United 
States generally ; and most were hoping that they would 
throw olf the heavy yoke of European governments, and 
assert their independence. But the policy and propriety of 
a formal declaration in their favor, by the government at 
that period, and in their then unsettled state, was not ad- 
mitted by the majority of the citizens. 

During the year 1818, and previously to the treaty with 
Spain, negotiations for which have been already noticed, 
very serious difficulties arose in Florida, on account of the 
invasion of the territory, then in possession of the Spanish 
government, by United States troops, under command of 
General Andrew Jackson, and of the forcible seizure of St. 
Marks and Pensacola. This conduct of the American 
General was deemed altogether unjustifiable ; as negotia- 
tions with Spain for the territory were then pending; and 
the instructions of the President did not authorize an attack 
on the Spanish troops or forts. General Jackson had been 
directed to subdue the Indians, who were troublesome to 
the white population in Alabama and vicinity ; but not to 
attack or invade the Spanish possessions. His plea for doing 
it was, that the hostile Indians fled to the Spanish com-, 
33 



258 FEDERAL GOVERNMENT. [1818 

manders for protection ; that they were encouraged by 
them ; and that the safety of the inhabitants in that part 
of the United States required such proceedings. The execu- 
tive afterwards caused the instructions given General 
Jackson, on this occasion, to be laid before Congress ; and 
he also gave orders immediately for the restoration of the 
forts and places to the Spanish authorities. General Jack- 
son was also charged with undue severity, at this time, in 
the execution of two British subjects, whom he took in the 
territory. The punishment was summary, and without law ; 
but the justification he offered was, that they were instigating 
the Indians in their hostilities against the citizens of the 
United States, and were to be treated as spies, or outlaws. 
The plea was not satisfactory to the public. Ouilmvs are 
not known by the American government. Audit was not for 
a military character to declare any one such, without a claim 
to legal trial. And they could not justly be treated as spies ; 
for there was no war then existing ; and no enemy known, 
to whom improper information could be given. In disavow- 
ing and disapproving the conduct of General Jackson, in 
these acts, the executive found cause, however, to excuse 
them, on the consideration of the peculiar exigency of the 
case. The great popularity of the military commander was 
supposed to have furnished a reason for no further proceed- 
ings or inquiries into this affair. Two of the cabinet, as it 
afterwards appeared, were of opinion, that a public censure 
or reprimand was necessary, to vindicate the character of 
the administration.* 

In much later times, Florida has been a field for expense 
and suffering to the United States. It has become the cem- 
etery for many a gallant and worthy young man, who be- 
longed to the military of the nation. In many instances 
also, the native population have been destroyed in wanton 
cruelty, and not for necessary defence. It has been found 
impossible to remove, or to quiet them in all parts of the 

* The instructions from the President to Genera] Jackson, forbid him to enter 
Florida, unless in pursuit of an enemy; and in that case, to respect the Spanish 
authority, wherever it was maintained. The latter part of the instructions 
appear to have been directly disregarded. Such conduct would have involved 
the United States in war, with a powerful nation, except there were a prompt 
and explicit disavowment of it by the executive. The conduct of the military 
commander, (General Jackson,) was made a subject of inquiry in the House 
of Representatives, and a report made, disapproving of some parts of it as ar- 
bitrary, unjustifiable, and dangerous in principle; and the report was ably sup- 
ported by Clay of Kentucky, Johnson of Virginia, and others; but opposed 
by many other members. The inquiry disclosed several highly arbitrary acts. 
The Governor of Georgia was told by General Jackson, *' that he had no right 
to issue a military order while he was in the field." 



1818] MONROE. 259 

territory. Some of them, indeed, have relinquished their 
right and claim to the soil : but others have remained ; and 
all efforts to subdue or to banish them, have proved unavail- 
ing. To gain and to keep possession of Florida, where there 
were only two or three thousand warriors, has cost the United 
States almost a sixth part of the expense of the eight years 
War for liberty and independence. The patriot and the 
philanthropist have often inquired, if just and kind treat- 
ment of the natives would not have made them friends of 
the government and of the people in their neighborhood ; 
and thus have prevented the immense waste of blood and 
treasure, for a territory not necessary for the glory or pros- 
perity of the republic ; nor justly claimed, without the 
consent of the native tribes. 

In his message to Congress, at the beginning of the ses- 
sion, in November, 1818, the President referred to the Con- 
vention, made with Great Britain in 1815, for regulating 
the commercial intercourse between the two countries, and 
which would expire in the following year : and stated that 
the American Envoy, at the court of London, had been in- 
structed to call the attention of the British ministry to the 
subject; proposing a removal of the terms of the Conven- 
tion, with some modifications, deemed more favorable to the 
navigation and commerce of the United States. The En- 
voy, then at the court of Paris, was authorized and directed 
to repair to England, and to assist in the negotiations. And 
the various subjects of impressments, of the fisheries, of 
boundaries, with a general regulation of all commercial in- 
tercourse in future, were to be discussed, and if possible 
adjusted in a satisfactory manner. Congress was informed 
that the British administration had met the proposition in a 
friendly spirit, and that negotiations had been already com- 
menced. 

The President gave a full statement of the proceedings in 
Florida, by United States officers, and of the capture of St. 
Marks and Pensacola, and of his disavowal of the attack 
on those places, and his restoration of them to the Spanish 
authorities. He suggested, that an apology might be found, 
for the acts committed without his authority, in the weak- 
ness of the Spanish forces there, or a neglect to keep In- 
dians in submission and peace. They had perpetrated 
many deeds of cruelty, and the country was in a state of 
anarchy, as well as a place of resort for lawless and dan- 
gerous men.* The remedy, if severe and arbitrary, might 

* The Secretary of State said, in reply to the Spanish minister — that the en- 
trance of Florida, by General Jackson and the United States troops under his 



260 FEDERAL GOVERNMENT. [1818 

in his opinion, be justified, from the necessity of the case. 
He expressed a hope, however, that the difficulties between 
Spain and the United States would soon be brought to a 
close, by a cession of Florida. 

A reference was made in the message to the political 
state of Buenos Ayres and some other provinces in that 
part of South America, which had then recently declared 
themselves independent of Spain : and to the appeal of the 
latter to her allies in Europe for assistance or advice. The 
European powers, friendly to Spain, it appeared, had prom- 
ised to mediate between the provinces and the parent 
government: but it was not expected that those powers 
would interfere by force to oblige the provinces to submit, 
but would be satisfied with an expression of their opinion 
on the subject. And the President was therefore induced 
to observe, " that the policy pursued by the United States 
government, which was of a neutral character, and a for- 
bearance of all definite action in favor of the provinces, 
was, highly proper in the present state of affairs."* 

The message gave a statement of the finances of the 
United States, which were in a very prosperous state. 
The actual and estimated receipts into the public treasury 
were about twenty-five millions : and, after satisfying all 
demands under the appropriations made, redeeming a full 

command, was necessary for the safety of American citizens in Georgia and 
Alabama; that the Spanish officers in command there were guilty of gross neg- 
lect in not restraining the native Indians; that lawless and dangerous individuals, 
who were selfish adventurers from other countries, had instigated the Indians 
in their various acts of hostility; and this being proved, that their summary 
execution was proper; that the Spanish government might be assured this 
state of things could no longer be endured, and " that the government of the 
United States would keep up a force in the province, sufficient to restrain the 
Indians." "The duty of this government," he said, "to protect the per- 
sons and property of our fellow-citizens on the borders of the United States is 
imperative; it must be discharged — and, if after all the warnings which Spain 
has had; if, after the prostration of all her territorial rights and neutral obliga- 
tions, by JVichols and his banditti, of all her treaty stipulations, by Jlrbuthnot 
and Jlm.brister , abetted by her own commanding officers, to the cruel annoy- 
ance of the United States — if the necessities of self-defence should again com- 
pel the United States to take possession of the Spanish forts and places in 
Florida, we declare, with the frankness and candor which becomes us, that 
another unconditional restoration must not be expected — that even the Presi- 
dent's confidence in the good faith and ultimate justice of the Spanish govern- 
ment will yield to the painful experience of continual disappointment; and that 
after unwearied and almost unnumbered appeals to them for the performance of 
their stipulated duties in vain, the United States will be reluctantly compelled 
to rely, for the protection of their borders, on themselves alone." 

* The Commissioners appointed sometime before by the executive to visit 
South America, had returned, and their opinion was in accordance with that 
here expressed by the President. 



1818] MONROE. 261 

moiety of the Louisiana debt, and paying the whole of the 
old six per cent, stock, two millions would be remaining in 
the treasury. The sale of public lands, during the year, 
exceeded both in quantity and price that of any former 
year ; and several large tracts had also been purchased of 
the Indian tribes, with the entire approbation of the chiefs, 
and of great value to the United States. 

During this session of Congress, a committee was ap- 
pointed by the House of Representatives, to examine into 
the conduct of the directors of the United States Bank ; 
though the proposition was opposed as unnecessary. There 
were suspicions and reports at that time of mismanage- 
ment in the administration of the institution: and it was 
charged, that the terms of paying in the capital stock had 
not been strictly enforced, and that there was a spirit of 
favoritism in the board of directors. Some defects were 
found, by the committee, in the conduct of the president 
and directors ; but nothing to warrant the reports which 
had been circulated unfavorable to the bank. No gross 
misconduct, and no violations of the charter were detected j 
and no act of the national legislature followed on the re- 
port. The inquiry could not justly be considered as im- 
proper, as the public reports of the day were calculated to 
weaken the confidence of the people in the institution ; and 
as there was then a great pressure in the monetary con- 
cerns of the country ; and it was important that a banking 
company, which had the countenance and support of the 
federal government, should be faithfully administered. It 
was a period of uncommon pressure with all the banks 
in the nation, and many were unable to meet the payment 
of specie for their bills. There was a great scarcity of 
specie in circulation. The trade and commerce with for- 
eign countries had led to an exportation of the precious 
metals in unusual quantities. And it was proposed in 
Congress to prohibit or restrict the exportation, as a remedy 
for the embarrassments which existed. But the majority 
was opposed to such a measure. The opinion of the Secre- 
tary of the Treasury was requested by a committee of the 
House of Representatives, on the subject, which was ad- 
verse to all legislation, and the committee in their report 
agreed with the Secretary. They observed — "It is the 
opinion of your committee that commerce will flourish 
most, when permitted to pursue its own paths, marked out 
by itself, embarrassed as little as possible by legislative 
regulations and restrictions." 

A Convention was concluded between the United States 



262 FEDERAL GOVERNMENT. [1818 

and Great Britain in October, 1818, and ratified on the 
part of the latter in November, and on the part of the for- 
mer in January, 1819 : but it did not embrace all the sub- 
jects proposed hy the American Envoys, and anticipated 
hy the executive. The subject of impressment was not 
included, nor that of the trade between the United States 
and the colonies of England ; though these were urged by 
the Envoys of the United States.* The principal articles 
related to the fisheries, near the coast of Newfoundland, 
of the Magdalen Islands, of Labrador, and in the Straits 
of Bellisle : to the northern boundary line between the ter- 
ritories of each nation, from the Lake of the Woods and the 
Rocky Mountains — to the admission of the citizens and 
subjects of either power to the northwest coast of America, 
west of the Rocky Mountains, for ten years, v/ithout preju- 
dice to the claims of either, to any part of that country : to 
the renewal and continuance of the Convention of 181.5, for 
the term of ten years ; and to the restoration of slaves be- 
longing to citizens of the United States, taken in the course 
of the war of 1812, as formerly stipulated by the treaty of 
Ghent. 

The most important laws of Congress, at this ses- 
sion — from November, 1818, to March, 1819 — were the 
following : to protect the commerce of the United States, 
and punish the crime of piracy ; by which the President 
was authorized to instruct the commanders of public 
armed vessels of the United States, to seize any armed 
vessel or boat, which had committed or attempted any 
piratical depredations or aggression on the maritime pro- 
perty of American citizens ; and in certain cases, to permit 
merchant vessels to be armed in self-defence : — to regulate 
the duties on imported wines, by which a reduction was 
made in the duties previously required :-^to provide for 
the civilization of the Indian tribes adjoining the frontier 
settlements of the United States ; by which the President 
was authorized to employ suitable persons to teach them 
agriculture, and to encourage them to engage in it ; and 
also to instruct their children in reading, writing, and arith- 
metic; and the sum of ten thousand dollars was voted for 
such purposes : and an additional act to provide for the 
prompt settlement of public accounts. 

* The British negotiators were not willing to agree to relinquish their an- 
cient claim of the right to search for their own native subjects, in merchant 
vessels, in time of war, when they might need their service ; and the Envoys 
of the United States could not consent to such a claim, without virtually sur- 
rendering their sovereignty and independence : But were ready to engage to 
exclude British subjects from their maritime service, in all cases. 



1818] MONROE. 263 

There was also a law made at this time, relating to the 
slave trade, designed as supplementary to former laws on 
the same subject. It gave tlie President power to employ 
any of the armed vessels of the United States to cruise on 
the coasts of Africa, or elsewhere, where he had reason to 
believe attempts were made to carry on the slave trade by 
citizens or residents of the United States. 

The territory of Illinois was admitted into the federal 
Union, and recognized as one of the United States ; Missis- 
sippi was admitted at the preceding session of Congress ; 
and Alabama, in 1819 ; and Maine in 1820. 

The attention of the federal government continued to be 
directed chiefly to the fiscal concerns of the country, by 
effecting sales of public lands, and reducing the national 
debt ; and to a gradual completion of fortifications for de- 
fence. The demands on the treasury had increased, on ac- 
coimt of the very great number of pensioners under the law 
of 1818. More than a million of dollars were paid to these 
veterans of the Revolution in one year. And the revenue 
arising from imposts was less, in 1817, than in the pre- 
ceding year. Embarrassments of a pecuniary nature af- 
fected most parts of the United States, in 1818 and 1819 ; 
and the, influence, to some extent, was felt in the revenue. 

The manufacturing interests suffered by this general 
pressure in the monetary affairs of the nation. And the 
President, in his annual address to Congress, December, 
1819, suggested the propriety of affording further encour- 
agement to these establishments. They had shared in the 
disadvantages arising from the small and limited discounts, 
which the banks could, at that period grant them ; for in 
most instances they needed a credit to prosecute their 
business with success. The President submitted it to the 
national legislature to afl'ord such encouragement and aid 
as they might think proper, "having due regard to the 
other great interests of the nation." 

The message of the President, December, 1819, referred 
at some length to the state of the Spanish provinces in 
South America, which had thrown off their allegiance to 
the parent government three years before, and where a 
civil war had followed, between the inhabitants in the 
provinces, and the troops in the immediate service of the 
crown. The contest had thus far proved favorable to the 
provinces. Buenos Ay res. Chili, and some other colonies 
had maintained their independence ; and the progress of 
the revolution in these countries had excited the sympathy 
or interest of other governments. Most governments in 



264 FEDERAL GOVERNMENT. [1819 

Europe, being anxious for the support of the principles of 
legitimacy, were not desirous of the success of the people 
in South America, who were professedly aiming to estab- 
lish free governments on the ruins of monarchy. The peo- 
ple of the United States generally, discovered a deep sym- 
pathy for the rising republics, and expressed a wish for 
their independence of the European monarchy. The Pres- 
ident possessed, in some measure, this spirit of sympathy ; 
but he wisely held a neutral position, and recommended 
the same policy to Congress. "A virtuous people," he 
observed, '' may and will confine themselves within the 
limits of strict neutrality ; but it is not in their power to 
behold a conflict, so vitally important to their neighbors, 
without the sensibility and sympathy which naturally be- 
long to such a case. It has been the constant purpose of 
the government to prevent that feeling leading to excess ; 
and it is very gratifying to state, that so strong has been 
the sense, through the whole community, of what was due 
to the character and obligations of the nation, that few ex- 
amples of a contrary kind have occurred." The favorable 
views towards these provinces in South America, which 
were cherished by the federal administration, had been 
frankly communicated to the European powers ; and the 
President expressed the belief, that such was the progress 
iht revolutions had made, and such the condition of Spain, 
that the latter would refrain from prosecuting the contest. 
A formal recognition of the independence of the provinces 
in South America, by the federal government, would have 
been premature and injudicious at that period ; and yet 
the measure was urged by some eminent politicians then in 
Congress. The pacific policy proposed by the United 
States, forbid any interference between these provinces and 
the parent government in Europe. As much as was proper 
or politic was done, by the declaration of the President, 
that the United States could not be indifferent to attempts, 
by the monarchical powers in Europe, if any were made, 
to put down these infant republics by force, and to compel 
their submission to the government of Spain, with a view 
to support the principles of legitimacy, which were pre- 
vailing on the old continent.* 

* Mr. Clay, of Kentucky, then the Speaker of the House of Representa- 
tives, in 1818 and again in 1819, declared himself in favor of recognizing the in- 
dependence of the South American provinces, and expressed a hope that they 
would be successful in their struggles for self-government. Many other mem- 
bers expressed similar views ; but the majority considered it improper in the 
goveromeat to interfere. 



1820] MONROE. 265 

The sanction of the federal legislature was given to in- 
ternal improvement, which had been a subject of frequent 
discussion before ; so far as to authorize the executive to 
cause a survey of the country, for continning the Cumber- 
land road from Wheeling, on the Ohio river, in the west 
part of Virginia, to a point on the left bank of the Missis- 
sippi, between St. Louis and the mouth of the Illinois river ; 
and an appropriation was made to meet the expenses of the 
survey. The bill for this purpose received much opposition ; 
and some voted in favor of it, who had doubts of a consti- 
tutional right in the federal government to expend the pub- 
lic monies for internal improvements, except in works evi- 
dently of great national benefit. They gave it their sup- 
port from the consideration, that the project having been 
commenced, and the road made in part, it was proper to 
complete and to extend it. A great part of the distance 
would be through lands belonging to the government ; and 
the value of these would rise, on the opening of the road. 
This project has been very expensive to the government ; 
but the situation of the country then called for such a 
measure. The canal and a railroad, since constructed, to 
facilitate the intercourse between the eastern and western 
parts of the Union, have rendered the Cumberland road 
less important than it appeared to be when first under- 
taken. 

The attention of the national legislature, at this period, 
was devoted to the currency, and to the pressure in the 
monied operations in the community. The importation of 
foreign goods bad been to a very large amount, and great 
debts incurred in Europe ; a spirit for extensive trading 
prevailed ; and bank paper had increased, which operated 
to raise the price of articles, and at the same time led to a 
system of extended credits, which, though a temporary re- 
lief, soon produced much embarrassment. The greatest 
evil, perhaps, was the multiplication of banks, and the 
increase of bills issued by them. One disastrous effect was, 
the suspension of specie payment by many banks ; which 
weakened the confidence of the people in these corporations. 
And another was, that specie was exported, in large quan- 
ties, to pay for goods imported from Europe and India. 

But Congress could do little to remedy the evil. One 
proposition was, to issue treasury notes to a large amount, 
and to make them a tender. But there were few advocates 
for such a measure. It was opposed as not being warrant- 
ed by the Constitution ; and though Congress might order 
a large issue of treasury notes, they would soon depreciate ; 
34 



266 FEDERAL GOVERNMENT. [1820 

and be little better than the paper money in the time of the 
Revolutionary war. Others proposed, in order to furnish 
the government with necessary funds, that all duties arising 
from imported goods should be paid in specie. But neither 
was this plan approved by Congress. It Avas also pro- 
posed, at the same session, to raise the duties on most ar- 
ticles imported from foreign countries; as this would in- 
crease the amount of the revenue, and at the same time 
operate in favor of domestic manufactures. But it was ob- 
jected, that the manufacturing interests were already suffi- 
ciently encouraged — some, indeed, beheved unduly — al- 
ready ; and that higher duties would fail to produce a larger 
amount of revenue ; as less would be imported, when the 
duties were much advanced, and that smugghng would 
probably prevail extensively, to the injury of the public 
morals as well as of the public funds. Repeated and zealous 
attempts were made at this time, to grant further encour- 
agement to manufactures in the country ; and several 
members of Congress were in favor of the bill for raising 
the duties on cotton goods, iron, cordage, &c. with a par- 
ticular view to the manufacturing interests. The bill was 
adopted in the House of Representatives by a majority of 
twenty, after various efforts to alter or postpone it ; but did 
not receive the concurrence of the Senate. Some members 
called it the commerce-kilUn^ bill; and some complained 
that the interests of agriculture were wholly disregarded or 
injured. It was also opposed, from the consideration that the 
revenue from imposts would be so diminished, as the high 
duties would greatly check importations; and that direct 
internal taxes to a great amount must be imposed. A prop- 
osition was also made and urged in Congress, at this session, 
to require the payment of duties on imported articles, with 
some exceptions, before a permit should be given to land 
them, unless they were designed for exportation. The ar- 
ticles excepted, were such as were in common use among 
all classes of people ; as teas, coffee, salt, molasses, sugar, 
spices, dye-stuffs, and medicines. But on these, if the du- 
ties did not exceed one hundred dollars, immediate pay- 
ment was also to be made. The bill was rejected, after 
long and repeated debates, by a vote of ninety-one to fifty- 
five.* 
The evils proposed to be remedied or lessened by these 



* This bill was advocated by Clay of Kentucky, McLean of Ohio, Baldwin 
of Pennsylvania, and others. And opposed by Lowndes of South Carolina, 
Smith of Maryland, and many others. 



1820] MONROE. 267 

plans presented in Congress, were believed, however, to be 
chiefly owing to overtrading, and to the great issue of bills 
by State banks, then recently established beyond all former 
example. A spirit for banking companies prevailed, and 
an unusual and unnecessary number were authorized in 
almost every State in the Union. The country was flooded 
with paper money of tbis sort; many banks were unable 
to redeem their bills when presented ; and the most disas- 
trous results soon followed. But it was not within the 
province of the federal legislature to apply a direct and ef- 
fectual 'preventive. It was indeed, a question, whether 
Congress had not a right to regulate and control all State 
bank companies, by virtue of a clause in the Constitution, 
" giving them power to coin money, and to regulate the 
value thereof" Difl'erent constructions were given to this 
clause ; and the State legislatures had so long exercised the 
power of creating such corporations, without any objec- 
tions, that it was judged impolitic to interfere with them. 

During this session of Congress, (in March, 1820,) 
Maine and Missouri, were admitted into the Union, as sep- 
arate States, with all the rights and privileges of the other 
States which composed the federal government. But on 
the question of admitting Missouri, a proposition was offered 
that involuntary slavery should not be permitted to exist 
there ; which gave rise to long and very warm discussions, 
in both branches of the national legislature. Slavery had 
been expressly excluded from Ohio, Indiana, and Illinois, 
by acts of Congress, on their admission into the Union. 
But that restriction was by virtue of an ordinance of the 
former Congress, under the confederation, prohibiting the 
introduction of slavery into the northwest territory, out of 
which these States were formed. Missouri was part of the 
Louisiana territory, purchased of France in 1803. And 
in various parts of that extensive territory, slavery then and 
had long existed. Louisiana had also iDcen admitted into 
the Union without any such restriction or prohibition. 
The States of Kentucky, Tennessee, Mississippi, and Ala- 
bama, admitted into the Union, as separate States, pre- 
viously to this period, were made subject to no such re- 
strictions ; as they were taken from States in which slavery 
existed. From that consideration no attempt was made 
in Congress to restrict these States in this respect. And 
it was contended, that on this principle, Missouri should 
also be received, without requiring as a condition of ad- 
mission, the exclusion of slavery. And it was also insisted, 
that it would be interfering with the independent character 



268 FEDERAL GOVERNMENT. [1820 

of a State, to enforce any such restriction, which was man- 
ifestly a subject of regulation by the State authority. On 
the contrary, it was urged, that in the old States the sub- 
ject was expressly settled by the Constitution, and Con- 
gress could not justly interfere in those States ; but, that it 
was otherwise with new States received into the Union ; in 
which case Congress had the right to impose such restric- 
tions and conditions as it might choose — that it was evi- 
dently the intention of the old Congress, not to extend 
slavery, having prohibited its introduction or existence in 
new States to be formed out of the northwest territory ; and 
that slavery was so great an evil, and so abhorrent to the 
principles of a free government, that it should be abolished 
or prohibited, wherever it could be constitutionally effected. 
The majority for the admission of Missouri without the re- 
striction proposed, though long and ably urged by many, 
was quite small ; and the bill for the purpose, before its final 
passage was amended by adding a section prohibiiing, in 
future, the existence of slavery beyond the latitude of 
thirty-six degrees and thirty minutes north, within the 
United States, and not included in the limits of the said 
State of Missouri.* 

Some members of Congress, who opposed this restriction, 
on condition, were equally desirous of preventing the ex- 
tension of slavery as others ; but they believed the prohibi- 
tion an improper interference or encroachment on State 
sovereignty ; and that it was as proper to permit it in this 
case, as in the States formed from Virginia, North Carolina, 
or Georgia.! ^^^ ^he greater number of those who were 
in favor of a provision, in the bill for the admission of Mis- 
souri into the Union, interdicting slavery therein, ac- 
knowledged the right in the old States to hold slaves, as 
recognized in the Constitution. They held that instrument 

* The south boundary line of Missouri is in this latitude ; so that now 
slavery cannot be allowed in a new State which may be formed out of the ter- 
ritory of the United Slates west of Missouri, and north of thirty-six degrees 
and thirty minutes. 

+ Among the advocates for excluding slavery from Missouri, were R. King 
of New York, Otis of Massachusetts, Dana of Connecticut, Sargent and 
Hemphill of Pennsylvania. Of those opposed to such exclusion were Holmes 
of Massachusetts, Vandyke and McLane of Delaware, Pinckney of Maryland, 
Randolph and Barbour of Virginia, Lowndes of South Carolina, Clay and 
Johnson of Kentucky. The vote in the House of Representatives was sev- 
eral times given for excluding slavery; but the Senate disagreed, and would 
not yield to the House; and afterwards the House yielded to the opinion of the 
Senate, and by four majority voted in favor of the bill, omitting the clause of 
exclusion. 



1820] MONROE. 269 

as sacredly obligator}^ upon Congress ; and did not attempt 
to interfere with the subject of slavery in the original States. 
They also admitted, that when one of the old States was 
divided, and a new State formed by a part of it, slavery 
could not properly be prohibited. But sincerely disposed 
to adopt all lawful and proper means to prevent its increase, 
they would not have allowed its existence in a State formed 
from a territory, not within the United States when the 
federal Constitution was adopted. 

An act was passed by Congress, May, 1820, by which 
the commissions of district attornies, collectors of the cus- 
toms, naval officers and surveyors, navy agents, registers 
of land offices, &c. should be for the term of four years 
only. The object of the law was to secure the prompt 
payment of public monies ; which previously, in many in- 
stances, remained a long time in the hands of the receiver, 
and was not paid into the treasury of the United States ; 
and numerous delinquencies occurred in the public agents. 
A law for the purpose of insuring prompt payment was 
passed in 1817 ; but did not prove a sufficient security. — 
And it was believed, that the limitation of the commissions 
of such officers would induce them to be more prompt and 
careful in paying over the public funds, which came into 
their possession, by virtue of their official duties. The 
opinion of Congress was thus clearly expressed, that a 
public agent and receiver of the public revenue, if delin- 
quent, should not be suffered long to remain in office. It 
would have been a great saving and benefit to the govern- 
ment, if this principle had been strictly observed afterwards. 

Another law was passed, at this time, for the same object, 
the security of the public funds; being for the " better or- 
ganization of the treasury department."* It provided for 
the appointment of a new officer in the treasury department, 
whose duty it should be to prosecute delinquents in office, 
on notice of their default from the comptroller. 

Two important bills, before Congress in the course of this 
session, one for establishing an uniform act of bankruptcy, 
and the other for an uniform mode of choosing electors of 
President and Vice President of the United States, by the 
people, in districts, were supported by several members 
with great ability and zeal ; but, after many days discus- 
sion, received the negative of the majority. The members 

* la a report of the Secretary of the Treasury, at this time, it was stated, 
that nearly a million and half of dollars had been lost to the government, by 
defaults of public officers. 



270 FEDERAL GOVERNMENT. [1820 

from the northern and eastern States were generally in favor 
of a bankrupt law. Those from the south and west parts 
of the Union were opposed to it. They apprehended that 
much fraud would be practised under it, and that creditors, 
who were often working people, would be deprived of their 
just dues. — The proposition to amend the Constitution so 
as to require the choice of Electors to be directly by the 
people, and in districts, was not a party or sectional question ; 
but there appeared an unwilliugness in the majority to pro- 
pose such an alteration to the .States, or to the people. It 
was probably the intention of tbe Iramers of the federal 
compact, that each State should decide as to the mode of 
electing the few persons who were to give a vole in this 
case, and thus express the opinion and will of the whole 
.State. Whether these persons were chosen in districts, or 
by a general ticket throughout a State, or by the represen- 
tatives of the people in their respective legislative assem- 
blies, the spirit and letter of the Constitution would be 
observed. But as each State is to have a voice in the 
choice of President and Vice President, the districting system 
would evidently be a less fair and full expression of the 
will of the majority in a State, than a choice by the legis- 
lature, or by a general ticket. In either of the two last 
modes of appointing Electors, the undivided opinion and 
will of the majority would be declared. 

During this Congress, the President was authorized to 
borrow the sum of three millions of dollars for the public 
service; it having been stated by the Secretary of the 
Treasury, that the expenditures would probably amount to 
nearly sixteen millions, and that there might be expected 
some diminution of receipts from the revenue. The expen- 
ditures for the civil list were estimated at two millions and 
a half ; for the army, including provisions and instalments 
due the Indian tribes, ten millions and three hundred 
thousand ; for the navy department, two millions and a 
half; and for miscellanies and contingences, a large sum. 

The navigation act, of April, 181S, was considered, and 
modified so as to prohibit the entrance, into ports in the 
United States, of British vessels coming from Lower Cana- 
da, New Brunswick, Nova-Scotia, Newfoundland, St. Johns, 
Cape Breton, and Bermuda, as well as from other ports 
within the dominions of Great Britain, in the West Indies, 
or South America. The object of this law was the same 
as of that passed in 1S18, only extending the prohibition 
contained in the latter. Nor was it designed as a hostile 
act ; but as a measure called for by a regard to the interests 



1820] MONROE. 271 

of the navigation of the United States ; and in the expect- 
ation that it might eventually lead to the adoption of more 
Hberal principles, and a real reciprocity in trade between 
the two nations. This and the former act on the same 
subject were proposed and advocated by one of the most 
distinguished statesmen in Congress, Mr. King, then a 
Senator from New York. — A bill was passed in the Senate 
by a small majority at this session, respecting the boundary 
line between Indiana and Illinois, but was opposed by 
Mr. King ; who expressed his doubts of the constitutional 
power of Congress to establish the boundaries between 
sovereign States of the Union. The opinions of this expe- 
rienced and learned statesman, who had been a member 
of the old Congress from Massachusetts, and one of the 
delegates in the general Convention, 1 787, for forming the 
federal Constitution, had great influence in the Senate : 
and no man better understood the nature and principles of 
that national compact. His opinion on this subject, in 
later times, has not received so much deference and re- 
spect. How far the individual States are sovereign, is a 
difficult question to solve, in some cases which may and 
have occurred. A disposition has been manifested, in 
many distinguished politicians, to increase the power of the 
general government, and to curtail that of the State au- 
thorities ; and yet one of the articles appended to the Con- 
stitution is, " that the powers not delegated to Congress 
nor prohibited to the States, are reserved to the States re- 
spectively." . 

In the President's message to Congress, November, 1820, 
after alluding to the general prosperity and the auspicious 
prospects of the United States, he referred to the recent 
partial pressure in the concerns of trade and finance ; which 
he attributed, in some measure, to changes which had 
taken place in Europe, but more to the great amount of 
the circulating medium, by unusually large issues of bank 
paper, in all parts of the United States. " These," he added, 
" we should regard in the light of instructive admonitions; 
warning us of dangers to be shunned in future; teaching 
us lessons of economy, corresponding with the simplicity 
and purity of our institutions, and best adapted to their 
support." 

At this time, the President again referred to the situation 
of the Spanish provinces in South America ; and stated, 
that, while divisions unfortunately prevailed in Buenos 
Ayers, Venezuela and New-Grenada had gained strength, 
and acquired reputation, both for the management of the 



272 FEDERAL GOVERNMENT. [1820 

war, in which they had been successful, and for the order of 
internal administration. Late changes in the government of 
iSpain were favorable to the revolution in these provinces ; 
and the authorities in the latter were fully resolved to 
maintain their independence. It was not probable that 
any of the powers in Europe would take part in the contest 
between Spain and her colonies ; and that an adjustment 
was expected to take place between the parent govern- 
ment and the South American provinces. It was the hope 
of the administration that this result would be realized ; 
and that it would not be proper for the United States to 
interfere in the present contest. 

On the subject of the public debt and finances of the 
United States, the President informed Congress, that the 
debt, which in 1815, was estimated at one hundred and 
fifty-eight millions of dollars, including liabilities then not 
fully ascertained, had been much reduced, and that nearly 
sixty-seven millions of this had been paid in five years, be- 
sides the annual support of government, and large expendi- 
tures for the army and navy, for fortifications, and for the 
public buildings in Washington. The receipts into the trea- 
sury, for the year 1820, from all sources, were nearly 
twenty millions ; and the expenses of government amounted 
to seventeen millions. There was, at that period, an ex- 
tensive trade with foreign countries, and the importations 
were very great, in 1819, notwithstanding the increase of 
domestic manufactures. The products of the East and 
West Indies imported, were increased with the population. 
The duties on most articles were high, and the revenue 
therefore much augmented. It was also stated in the 
message, that there was then due to the government, 
for the sale of public lands, twenty-three milhons of dol- 
lars. 

At this session of Congress, and act was passed for 
reducing the military peace establishment ; by which it 
was provided, that there should be seven regiments of 
infantry and four regiments of artillery, with officers for 
the ordinance and engineering departments. This was 
a large reduction of the number of regiments as required 
by former laws. The sum to be expended, annually, for 
the navy department, was also reduced from one million, 
authorized by a law in 1816, to five hundred thousand 
dollars. 



1821] MONROE. 273 



CHAPTER XI. 

Mr. Monroe elected President, for a Second Term. Inducted into office March, 
1821. His Policy, wise and economical. His devotion to the Public 
Welfare. His regard for Constitutional Principles. His faithful attention 
to the National Finances. In favor of Punctuality and Accountability in 
Public Officers; and Receivers of the Funds of Government. Negotiations 
with England and Spain. Difficulties in Florida. Mexico — South Ameri- 
can Provinces — Recognition of — Proposals to send Envoys to them — Not 
approved by President, nor by Congress. Prosperous Condition of Public 
Treasury — Public Debt annually diminished. Internal Improvements — 
Cumberland Road. Internal Taxes and Excise Acts repealed. State of 
Missouri Established. (Questions of Slavery — Prohibited west of Missouri. 

In March, 1821, Mr, Monroe was again inducted into 
office, as President of the United States, for the term of 
four years, the period for which he was first elected having 
then expired. His election, at this time, was with far more 
unanimity than had been manifested in the choice of a 
Chief Magistrate of the Union, after the presidency of 
Washington. He had dicovered entire devotion to the 
public interests, business talents and habits, good judgment, 
great political moderation and candor, and a strong attach- 
ment and high regard for constitutional principles. It was 
evidently his purpose to administer the affairs of the fed- 
eral or general government in conformity to the spirit and 
intent of the original compact. The powers given to 
Congress, or to the President, he was fully disposed to have 
exercised for the protection and welfare of the whole 
country : at the same time, he was averse from assuming 
authority on subjects not clearly within the province of 
Congress, and ready to acknowledge State rights to all 
reasonable extent, as reserved to them expressly, or by 
evident implication of the Constitution. 

In his inaugural address, March, 1821, the President re- 
ferred to this subject in a very concise manner, as he had 
fully expressed his views on a former occasion. " Perfec- 
tion in our political organization could not have been ex- 
pected in the outset, either in the national or State govern- 
ments, or in tracing the line between their respective powers. 
But no serious conflict has arisen ; nor any disputes, but 
35 



274 FEDERAL GOVERNMENT. [1821 

such as are managed by argument, and by a fair appeal to 
the good sense of the people. And many of the defects, 
which experience had clearly demonstrated, in both gov- 
ernments, have been remedied. By steadily pursuing this 
course, in this spirit, there is every reason to believe that 
our system will soon attain the highest degree of perfection 
of which human institutions are capable ; and that the 
movement, in all its parts, will exhibit such a degree of 
order and harmony, as to command the admiration and re- 
spect of the civilized world." Referring to the internal 
condition of the United States, he observed, "Under the 
present depression of prices, affecting all the productions 
of the country, and every branch of industry, proceeding 
from causes noticed on former occasions,* the revenue has 
considerably diminished ; the effect of which has been to 
compel Congress either to abandon the great measures for 
national defence, or to resort to loans, or to internal taxes, 
to supply the deficiency. On the presumption that this de- 
pression and the deficiency in the revenue arising from it, 
would be temporary, loans have been authorized for the 
demands of the last and present year. Anxious to relieve 
the people from every burden, which could be dispensed 
with, and the state of the treasury permitting it, in 1817, I 
recommended the repeal of the internal taxes; knowing 
that such relief was then peculiarly necessary, in conse- 
quence of the great exertions made during the late war. I 
made that recommendation under a pledge, that should the 
public exigencies require a recurrence to them, I would 
readily perform the duty, which would then be incumbent 
on me. By the experiment now making it will be seen by 
the next session of Congress, whether the revenue shall 
have been so augmented as to be adequate to all these ne- 
cessary purposes. Should the deficiency still continue, and 
especially, should it be probable that it would be permanent, 
the course to be pursued appears to me to be obvious. I 
am satisfied, that under certain circumstances loans may 
be resorted to with great advantage. I am equally well 
satisfied, as a general rule, that the demands of each cur- 
rent year, especially in times of peace, should be provided 
for by the revenue of the year. I have never dreaded, 
nor have I ever shunned, in any situation in which I have 
been placed, making appeals to the virtue and patriotism 

* These were foreign commercial regulations, and the great increase of 
bank issues. 



1821] MONROE. 275 

of my fellow-citizens ; well knowing that they would never 
be made in vain ; especially in times of great emergency, 
or for purposes of high national importance. Independent- 
ly of the exigency of the case, many considerations of great 
weight urge a policy having in view a revision of revenue 
to meet, to a certain extent, the demands of the nation 
without relying altogether on the precarious resource of 
foreign commerce. I am satisfied that internal duties 
and excises, v/ith corresponding imposts on foreign articles 
of the same kind, would, without imposing any serious 
burdens on the people, enhance the price of produce, pro- 
mote manufactures, and augment the revenue, at the same 
time that they made it more secure and permanent." 

During the session of Congress, which closed on the third 
of March, 1821, several subjects were proposed and dis- 
cussed without receivring the final action and decision of 
that body. Had there been no necessity of closing the 
session on that day, and had the legislature been continued 
some weeks longer, several important measures proposed 
would probably have been adopted. A bill for a bankrupt 
law was before Congress, at this time, as well as on several 
previous occasions ; and was fully discussed. There were 
great objections made to it, and there was also an effort 
made to extend it to other classes of citizens, as well as to 
merchants, and thus to render it in fact an insolvent law. 
The bill was adopted in the Senate by a respectable ma- 
jority; but its progress was arrested in the House of Rep- 
resentatives, by laying it on the table, where it was suffered 
to remain till it was too late to act upon it ; and its opposers 
had the address to let it repose there too long to give it life. 

It was also proposed to reduce the compensation of offi- 
cers of the customs and others ; and to fix the pay at the 
rate it was before 1817 ; but nothing decisive was done on 
the subject : as inmost other similar cases, it was found far 
more difficult to lessen the salaries and fees of public offi- 
cers than to raise them. Renewed efforts were also made 
to increase the duties on various imported articles, to en- 
courage domestic manufactures. A member from Vermont, 
even proposed to prohibit the importation of woollen and 
cotton goods, hats, leather, glass, distilled spirits, lead, 
iron, &c. but the proposition was approved by very few ; 
and yet a large minority were in favor of increasing the 
rate of duties on imported goods, for the same object, to 
such an extent, that it would prolDably have operated in a 
great measure as a prohibition. The manufacturers were 



276 . FEDERAL GOVERNMENT. [1821 

not satisfied with the increase of impost duties,* before 
imposed for their benefit, and pressed strongly for further 
aid and encouragement. But though there was a general 
opinion favorable to domestic industry and to manufactures, 
which induced the majority to acquiesce in the support 
already given to this department of national wealth, there 
was an unwillingness manifested to afl'ord it any greater 
direct favor, to the detriment or hazard of other pursuits, 
whether commercial or agricultural. 

The proposition was again discussed, at this session, of 
forming a political intercourse with the provinces in South 
America, which had declared their independence of the 
crown of Spain, so far as to send an Envoy from the United 
States. The resolution offered and pressed by several 
members of Congress, was for making an appropriation for 
an outfit for such an Envoy, and for one year's salary. — 
But the resolution was rejected. The following resolution, 
however, was soon after proposed for adoption, and passed 
with very few dissentients: " Resolved, that the House of 
Representatives participates with the people of the United 
States, in the deep interest which they feel for the success 
of the Spanish provinces of South America, which are 
struggling to establish their liberty and independence." — 
And a further resolution was also voted by a majority of 
twenty-one: " That the House will give its constitutional 
support to the President of the United States, whenever he 
may deem it expedient to recognize the sovereignty and 
independency of any of the said provinces." A committee, 
chosen for the purpose, presented these resolutions to the 
President, who said, that, in common with the House of 
Representatives, he felt a great interest in the success of the 
provinces of Spanish America, which were struggling to 
establish their freedom and independence ; and that he 
would take the resolutions into dieliberate consideration, 
with the most perfect respect for the distinguished body 
from which they emanated. 

In the course of this session of the national legislature, 
a proposition was made by Mr. Lowndes, of South Carolina, 
against receiving, as payment of dues to the federal govern- 
ment, the bills of any State banks, which issued those of 
a less denomination than five dollars ; but the motion did not 
receive the support of the majority. It was also proposed 

* Some manufacturers of cotton goods, in Massachusetts, declined to join in 
zn application for any higher duty on imported goods of that kind. They be- 
lieved the effect would be to induce an undue portion of the citizens to engage 
in the manufacture, which would prove injurious to the business. 



1821] MONROE. 277 

to establish a national system of education by funds accru- 
ing from the sale of the public lands ; but this proposition 
was also rejected. Several attempts were also made, at 
this and a former session, to pass a bill for preventing im- 
prisonment for debts due the United States, or on any pro- 
cess from the federal courts in behalf of the government. 
But it was not adopted at that time, on account of the pres- 
sure of other business before Congress. Several members 
appeared desirous of a retrenchment of the public expen- 
ditures; but no system was matured for that purpose. 

A warm debate arose in the Senate, at this time, on a 
motion to declare the sedition law of 1799 unconstitutional; 
and to pay back the fines imposed by the federal courts for 
violations of the law. A resolution was offered by a Sen- 
ator from Virginia, Mr. Barbour, to that effect; and strongly 
urged, but it failed to receive the sanction of the majority. 
It was opposed with great eloquence by a Senator from 
Massachusetts, Mr. Otis ; and many who did not approve 
of the law when it was passed, judged it improper again to 
agitate the subject, as the act had already expired. Of 
forty-three members then present in the Senate, twenty-four 
voted against the resolution. 

The subject of the African slave trade was under con- 
sideration, at this period, by the British ministry and 
the administration of the United States ; in which there 
was a happy agreement of opinion and promise of action, 
to put an end, if possible, to this inhuman traffic. Both 
governments appeared sincerely desirous of preventing, in 
all practicable ways, the continuance of a trade so unjust 
and cruel. It was then fully ascertained, that the business 
was extensively pursued ; and that great numbers of Afri- 
cans were transported in chains to South America, and to 
some of the West India islands. The House of Represen- 
tatives expressed their opinion on the subject, in a resolution, 
"requesting the President to enter into such arrangements 
as he might deem proper, with any of the maritime powers 
of Europe, for the effectual abolition of the African slave 
trade." 

The slave trade was early prohibited, by several of the 
British colonies, afterwards composing part of the United 
States ; and the federal compact, adopted in 1788, gave 
Congress no authority to permit that disgraceful traffic after 
the year 1808, To the United States, therefore, justly be- 
longs the merit of the adoption of measures, as early as 
any nation, to prevent the continuance of a practice which 
is as inglorious as it is unnatural and cruel. The existence 



278 FEDERAL GOVERNMENT. [1821 

of slavery, in places where it has been long found, may be 
tolerated^ even by the philanthropist, from considerations of 
conventional agreement, or of the evils of an immediate 
abolition ; but no apology can be offered by the friends of 
justice and humanity, for engaging or continuing in the 
slave trade. Yet with all the efforts of christian govern- 
ments to prevent it, so strong is the thirst of gold in individ- 
uals, that it has not been wholly suppressed. A few citi- 
zens of the United States, where so great stress is justly 
laid on freedom and the rights of man, were then and have 
been, at a later period, concerned in this utterly indefensible 
practice. 

In his message to the seventeenth Congress, December, 
1821, the President recommended particular attention to the 
state of commerce with foreign nations. He expressed a 
belief, that further regulations were necessary, to secure to 
the United States all the advantages which the extensive 
navigation and trade of the country demanded, and which 
it seemed entitled to realize from a just spirit of reciprocity 
in other governments. Several European nations imposed 
restrictions on American commerce and navigation, and 
the federal government had adopted countervailing regula- 
tions, in some cases, in self-defence. But the friends of 
free trade and of liberal principles, considered such a state 
of things as unpleasant as it was unprofitable. 

On this subject, the message of the President held the 
following language : " By an act of March, 1815, so much 
of the several acts of Congress as imposed higher duties on 
the tonnage of foreign vessels, and on the manufactures and 
productions of foreign nations, when imported into the 
United States, were repealed, so far as respected the man- 
ufactures and productions of the nation to which such ves- 
sel belonged, on the condition, that the repeal should take 
effect only in favor of any foreign nation, when the execu- 
tive should be satisfied that such discriminating duties, to 
the disadvantage of the United States, had likewise been 
repealed by such nation." By this act, a proposition was 
made to all nations, to place our commerce with each, on 
a basis which it was presumed would be acceptable to all. 
Every nation was allowed to bring its manufactures and 
products into our ports, and to take the manufactures and 
productions of the United States to their ports in their own 
vessels, on the same conditions that they might be trans- 
ported in vessels of the United States. And, in return, it 
was required that a like accommodation should be granted 
to vessels of the United States in the ports of other countries. 



1821] MONROE. 279 

The articles to be admitted, or prohibited, on either side, 
formed no part of the proposed arrangement. Each party 
would retain the right to admit or prohibit such articles 
from the other, as it thought proper, and on its own con- 
ditions. When the nature of the commerce between the 
United States and other countries was taken into view, it 
was believed that this proposition would be considered fair, 
and even liberal, by every other power. The exports of 
the United States consist, generally, of articles of the first 
necessity and of rude materials in demand for foreign manu- 
factories of great bulk, requiring for their transportation 
many vessels, the return for which, in the manufactures 
and productions of any foreign country, even when disposed 
of there to advantage, may be brought in a single vessel. — 
This observation is more especially applicable to those 
countries from which manufactures alone are imported ; 
but it applies, in a greater extent, to the European domin- 
ions of every European power ; and in a certain extent to 
all in the colonies of those powers. By placing, then, the 
navigation precisely on the same ground, in the transpor- 
tation of exports and imports, between the United States 
and other countries, it was presumed, that all was offered 
which could be desired. Many considerations gave us a 
right to expect that this commerce should be extended to 
the colonies as well as to the European dominions, of other 
powers. With the latter, especially with countries exclu- 
sively manufacturing, the advantage was manifestly on 
their side. An indemnity for that loss was expected from a 
trade with the colonies ; and, with the greater reason, as it 
was known, that the supplies which the colonies derived 
from us were of the highest importance to them ; their labor 
being bestowed with so much greater profit in the culture 
of other articles ; and because the articles of which those 
supplies consisted, forming so large a proportion of the ex- 
ports of the United States, were never admitted into any 
of the ports of Europe, except in cases of great emergency, 
to avert a serious calamity. When no article is admitted, 
which is not required to supply the wants of the party ad- 
mitting it ; and admitted then, not in favor of any particular 
country, to the disadvantage of others, but on conditions 
equally applicable to all, it seems just that the articles thus 
admitted and invited, should be carried thither in the ves- 
sels of the country affording such supply ; and that the 
reciprocity should be found in a corresponding accommoda- 
tion on the other side. By allowing each party to partici- 
pate in the transportation of such supplies, on the payment 



280 FEDERAL GOVERNMENT. [1821 

of equal tonnage, a strong proof was afforded of an ac- 
commodating spirit. To abandon to it the transportation 
of the whole, would be a sacrifice which ought not to be 
expected. The demand, in the present instance, would be 
the more unreasonable, in consideration of the inequality- 
existing in the trade with the parent country. 

" Such was the basis of our system, as established by the 
act of 1815, and such was its true character. In the year 
in which this act was passed, a treaty was made with 
Great Britain, in strict conformity with its principles, in 
regard to her European dominions. To her colonies, how- 
ever, in the West Indies and on this continent, it was not 
extended ; the British government claiming the exclusive 
supply of those colonies, and even from our own ports, and 
the productions of the colonies in return, in her own vessels. 
To this claim, the United States could not assent ; and, in 
consequence, each party suspended the intercourse in the 
vessels of the other, by a prohibition, which still exists. 

" The same conditions were offered to France, but were 
not accepted. Her government has demanded other con- 
ditions, more favorable to her navigation, and which should 
also give extraordinary encouragement to her manufactures 
and productions in the ports of the United States. To 
these it was thought improper to accede ; and, in conse- 
quence, the restrictive regulations, which had been adopted 
on her part, being countervailed on the part of the United 
States, the direct commerce between the two countries, in 
the vessels of each party, has been in a great measure sus- 
pended. It is much to be regretted, that, although a nego- 
tiation has been long pending, such is the diversity of views 
entertained on the various points, which have been brought 
into discussion, that there does not appear to be any reas- 
onable prospect of its early conclusion." 

This correct though concise statement of the embarrass- 
ments attending the commerce and navigation of the United 
States, and of the evils consequent to a departure from the 
principles of /ree ifmrfe, and of a fair reciprocity in com- 
mercial intercourse, indicated alike the fidelity of the Pres- 
ident in the discharge of his high duties to the nation, and 
his comprehensive views on the subject referred to. A 
monopolizing spirit was evident in the commercial regula- 
tions of most European powers ; and it was necessary for 
the government of the United States to adopt restrictive 
measures of a countervailing character. At the same time 
a desire was manifested, both by the executive and by Con- 
gress, to maintain an intercourse, for trade and navigation. 



1821] MONROE. 281 

on less restrictive and more liberal principles. An act was 
passed, early in 1822, in addition to the navigation act of 
April, 1818, authorizing the President, on evidence that the 
ports in the islands and colonies of Great Britain, in the 
West Indies, were opened to the vessels of the United States, 
to proclaim that the ports of the United States thereafter, 
would be open to the vessels of Great Britain employed in 
the trade between the United States and such islands and 
colonies, which had then been closed to them for several 
years, as a means of countervailing British restrictive meas- 
ures — subject, however, to such reciprocal rules and restric- 
tions as the executive of the United States might ordain 
and publish. It was also provided, by the same act of 
Congress, that if a convention should be concluded with 
France, relating to navigation and commerce between that 
country and the United States, the President should have 
power to proclaim a suspension, till the following session of 
Congress, of the operation of a former act imposing new 
tonnage duties on French vessels ; which had been ordered 
subsequently to the monopolizing regulations of that gov- 
ernment. The countervailing measures adopted in 1820, 
by the federal government, with respect to France, induced 
the latter to conclude a commercial treaty, in October, 1822, 
after a long period of delay and evasion of the subject ; and 
by this convention an entire equality of duties was estab- 
lished, and principles of just reciprocity were recognized. 

In 1821, Congress provided for occupying and governing 
Florida, and gave the President authority for that purpose, 
to be executed according to his direction. He appointed 
General Andrew Jackson governor, with discretionary 
powers, over the whole territory ; two judges, one in the 
eastern section, and one in the western ; with other neces- 
sary subordinate officers. Difficulties of a serious nature 
early occurred, which gave the President much concern, 
and which he noticed in his public message to Congress at 
this time. The Spanish officers, when they surrendered 
the forts and places which they had occupied, refused to 
give up, to the officer of the United States, " the archives 
and documents relating to the property and sovereignty of 
the province," which was the occasion of much perplexity 
and controversy afterwards, as to titles of lands, and to the 
usages and customs of the inhabitants, which the treaty 
of cession required the United States to maintain and ob- 
serve. An unhappy dispute also arose between the Gov- 
ernor and one of the Judges of the territory, as to their 
peculiar and respective authority. The Governor claimed 
36 



282 FEDERAL GOVERNMENT. [1821 

to exercise supreme and controlling power in all cases. 
He had been accustomed to military command, and adopt- 
ed the principle, applicable only in an army, of governing 
all other officers at his own will and discretion. But he 
was now acting in a civil capacity, and he had no right to 
interfere with the conduct or decisions of the Judiciary. 
His treatment of one of the Judges was deemed highly 
reprehensible ; but the President excused it, from the con- 
sideration of the difficulties attending the due government 
of the territory, where the laws of the United States were 
to have effect, in some measure, while Spanish customs 
and regulations were also to be observed. The conduct of 
the Governor was deemed arbitrary, and of dangerous ten- 
dency ; but his motives were believed by the President to 
be honorable and patriotic. The Governor ordered an ex- 
Spanish officer to be arrested for alleged contumely ; and 
the Judge granted a writ of habeas corjnis^ on an applica- 
tion from the officer, which gave offence to the Governor, 
who considered it an improper interference with his orders, 
if not in direct derogation and opposition to his authority. 
The case of the Spanish officer was then pending before 
the Governor ; and he had some reason, perhaps, to com- 
plain of the conduct of the Judge ; who did indeed hesitate 
as to the course his duty and office required of him. Gen- 
eral Jackson soon after resigned his commission as Governor 
of Florida; when he publicly declared that he had been 
clothed with greater power by the President, than any in- 
dividual ought to have in a republic. The authority given 
him seems to have been as unlimited as that vested in the 
Governor General of the provinces of Canada, by the 
British government, at a more recent period. 

President Monroe gave great attention to the fiscal con- 
cerns of the United States. When he entered on the office 
of chief magistrate of the Union, in 1817, the national debt 
was very large ; the war just before terminated, had greatly 
augmented it. And there were numerous defalcations by 
public agents, during that period, who had the funds of the 
nation in their hands. He early recommended a reform in 
this respect, and proposed that the receivers of public monies 
should statedly and frequently be required to settle their 
accounts. He also urged economy in the public disburse- 
ments, where appropriations were made by Congress for 
necessary works. Much was saved to the government, 
by his prudent and faithful administration. And he was 
careful always to inform the Representatives of the people 
what was the state of the public treasury, what the amount 



1821] MONROE. 283 

of revenue on the one hand, and of expenditures on the 
other. At this time, he stated, that the loan of five mil- 
hons, previously authorized by Congress, had been effect- 
ed. The increase of the public debt in 1821. however, 
was over a million of dollars, with all the care bestowed 
on the subject ; and this was owing in part to the purchase 
of Florida. The receipts into the public treasury amounted 
to twenty-one millions, and the expenditures to upwards 
of nineteen millions : but appropriations for public works, 
to the amount of more than a million, had not been ex- 
pended. The whole public debt, at that period, was esti- 
mated at one hundred and five millions. In 1822 and 
1823, the receipts increased, and the expenditures were 
curtailed ; the latter was justly attributed to the faithful 
admonitions of the President, and the attention and ability 
of the Secretary of the Treasury, Mr. Crawford. 

The President, on this occasion, again referred to the 
subject of domestic manufactures, and expressed an opinion 
in favor of continuing the protection of government to that 
branch of national industry. The effect of their great ex- 
tension, he said, might perhaps be a diminution of the rev- 
enue arising from imports ; but at the rate of duties then 
existing, this evil would not be severely felt, as there were 
other sources of revenue. And he therefore suggested the 
policy of " a moderate additional duty on some articles." 
The high duties afterwards, in 1828, imposed by Congress, 
for the benefit of manufacturers, he would probably never 
have sanctioned. For though a friend to manufactures, 
he was in favor of agriculture, as the most essential foun- 
dation of general prosperity, and therefore to be protected 
from any measures or policy which would depress it. Mr. 
Monroe was not a rash politician, nor fond of experiments, 
and the tariff" of 1828 would hardly have been adopted un- 
der his administration. 

The acts of Congress at this session were not of special 
or extensive influence ; but various laws were proposed, 
which exhibit the views and opinions of a portion of the 
national legislature on subjects of a public nature. The 
most important general laws were for a new apportionment 
of federal representatives for the several States, according 
to the census taken the preceding year. This subject oc- 
cupied the attention of Congress several days, at different 
periods of the session ; and various propositions were offered, 
as to the ratio, according to which the members were to be 
chosen. The number adopted was forty thousand, after 
several attempts were made, to have both a less and a 



284 FEDERAL GOVERNMENT. [1821 

greater number as the ratio. The members from each 
State were anxious to have the ratio so settled, as that the 
State to which they belonged might have as small a frac- 
tion in excess as possible. The Constitution provided, 
" that the number of Representatives should not exceed 
one for every thirty thousand ; " and this was the only 
limitation it required. Such was the ratio for several 
years ; but the population of the country had greatly in- 
creased, and there was a general desire to prevent a very 
large House of Representatives. 

A territorial government was established in Florida, and 
an act was passed for the preservation of timber belonging 
to the United States in that territory. Provision was made 
for receiving subscriptions to a loan of twent^'^-six millions 
of dollars, at five per cent., in exchange for stock then 
bearing an interest at six and seven per cent. An act was 
also passed, at this session, providing that no treasury 
notes should be received in payment, on account of the 
United States, or paid or funded, except at the national 
treasury : And an act for extending the time of payments 
due from purchasers of public lands in the west and north- 
west parts of the Union. The compensation to collectors 
and other officers of the customs was regulated anew, and 
changes made in the collection districts, for the purpose of 
rendering their several incomes more equal, with reference 
to the services they had to perform. 

The subject of a general bankrupt law was again de- 
bated, and occupied much of the time of this Congress. 
A large minority in the House of Representatives was 
urgent in its favor, but the objections were numerous, and 
several different bills were offered ; but they were rejected, 
and the original bill was voted down, by ninety-nine to 
seventy-two votes. It was not a party vote, but the Rep- 
resentatives from commercial States generally supported 
the bill, and those from the interior of the country opposed 
it. The arguments offered were similar to those presented 
several years before, when this subject was before Con- 
gress. 

A proposition was made, and pressed by some members, 
particularly from Vermont and Pennsylvania, to raise the 
duties on imported cotton and woollen goods, for the pur- 
pose of further encouragement to domestic manufactures ; 
but the committee, to which the subject was referred, re- 
ported that any additional legislation was not expedient. 
The subject excited peculiar attention and interest at that 
time, through all parts of the United States. The manu- 



1821] MONROE, 285 

factiirers urged their claims to protection, with great zeal 
and pertinacity ; and stated the advantages to arise, in a 
national view, from the extension of manufactures within 
the United States ; especially as to cotton and woollen cloths, 
which were then largely imported into the country ; and 
tended, as they represented, to impoverish, or greatly retard 
the prosperity of the nation. Members of Congress from 
the southern, and from some of the eastern States, at that 
time were opposed to an increase of the taritf of duties on 
imported goods merely to benefit the manufacturers in the 
United States ; in the belief that the protection previously 
afforded was sufficient ; and that a higher rate of duties 
would operate unequally on different classes and portions 
of the community. 

A call was made, during this session of Congress, on the 
President by the House of Representatives, after some ob- 
jections and delay, for the instructions given to General 
Andrew Jackson, as governor of Florida, appointed two 
years before, and for the correspondence between him and 
the Secretary of State of the United States, relating to his 
conduct, while in command in that territory. The Presi- 
dent readily communicated the papers requested, frankly 
stating, that he wished not to withhold any information on 
the subject.* It was objected to the call for these papers, 
that it was a case belonging exclusively to the executive ; 
but it was urged, in reply, that, as the common reports were, 
the conductof Governor Jackson had been very arbitrary and 
unjustifiable ; that the President had no right to give him the 
power which he had exercised ; and that the honor of the 
government required an expression of censure or disapproba- 
tion, if the Governor's conduct should appear to be such as 
had been represented. Several members were opposed to a 
public and formal censure, (though none fully justified all 
his proceedings,) on the ground that he had unlimited 
power given him by the President; while others contended, 
that this consideration afforded no just excuse for some 
parts of his conduct, which was unreasonably arbitrary and 
oppressive. The President disavowed some of his acts, 
and ordered the release of individuals, whom General 
Jackson had confined, and the restoration of private papers 
which he had retained. General Jackson had resigned his 

* " Deeming it more consistent with the principles of our government," he 
observed, " in cases submitted to my discretion, as in the present instance, to 
hazard error by the freedom of the communication, rather than by withholding 
any portion of information, I have thought proper to communicate every doc- 
ument comprised within the call." 



286 FEDERAL GOVERNMENT. [1822 

office as Governor of Florida before this subject was 
agitated in Congress, which was one reason, with the ma- 
jority, for not adopting any report or resolution relative to 
his official conduct. 

In accordance with the recommendation of the President, 
a resolution was offered in the House of Representatives, 
January, 1822, for recognizing the independence of Mexico, 
and five provinces in South America, formerly under the 
authority of Spain, which had then recently declared them- 
selves to be independent Republics, and were exercising 
the powers of self-government. The whole Cabinet agreed 
with the President in favor of the measure ; and the reso- 
lution was adopted in the House of Representatives with 
only one dissenting vote. The sum of one hundred 
thousand dollars was placed at the disposal of the President, 
to defray the expenses of Envoys to those Republics when 
he should consider it proper to commission them. Soon after 
this expression of opinion by the representatives of the 
people in favor of acknowledging the independence of Mex- 
ico, and of several provinces in South America, the Presi- 
dent appointed Envoys to most of them ; by which the 
readiness of the federal government was manifested, to be 
on friendly terms with those new republics, and to make 
arrangements for commercial intercourse. In other cases, 
and with reference to old established governments, the 
President would have been justified in the appointment of 
public agents, without the previous assent of Congress ; the 
attributes of the supreme executive being supposed to in- 
clude such authority. But in the present instance, at once 
novel and delicate, it was important to have the deliberate 
opinion of the other branch of government, in support of 
such a measure. Mr. Monroe was not disposed, as some 
of his successors have been, to assume any doubtful powers, 
or to act in an arbitrary manner on his own responsibility, 
where the Constitution did not clearly authorize it. 

A proposition was made in the Senate, at this session, by 
a member from Kentucky, Mr. Johnson, for an additional 
article to the Constitution, giving to the Senate appellate 
jurisdiction in cases and questions decided by the Supreme 
Court relating to State sovereignties ; particularly in dis- 
putes about boundaries between separate States. It was 
opposed by Mr. Otis, one of the senators of Massachusetts ; 
and very few members of the Senate appeared in favor of 
the proposition. The principal objection was, that it would 
be giving judicial powers to a branch of the legislature. If 
such disputes could not be settled by mutual reference, it 



1822] MONROE. 287 

was believed that the proper tribunal to decide was the 
Supreme Court of the United States. Such a course was 
evidently" most agreeable to the character and spirit of the 
Constitution. 

A bill was passed by Congress, again at this time, 
making an appropriation for continuing and completing the 
Cumberland road ; but the President gave it his negative, 
and stated his reasons for not approving it, which related 
chiefly to the want of an express or strongly implied power 
in the Constitution, to expend the pubhc funds for such an 
object. The objection of the President to such an appro- 
priation, was no doubt founded in his honest convictions. 
He was opposed to the enlarged construction of the Con- 
stitution, contended for by those in favor of internal im- 
provements, and who believed in the controlling authority 
of the federal government in cases even where power was 
not expressly delegated. The President was more in favor 
of State rights, or State sovereignties, in cases where au- 
thority was not clearly granted to Congress ; and held 
to the more strict construction of the federal compact, in 
its grants of powers to the general government. The ma- 
jority of Congress, at that period, was not sufficiently large 
to pass the bill, after the President withheld his assent. 

The message of the President to Congress, at the opening 
of the session, December, 1822, was looked for with more 
than ordinary interest. The public communications of Mr. 
Monroe were written in a plain and simple style, and with 
much explicitness ; entirely free from the equivocal lan- 
guage too often used in similar papers, in old governments,* 
and sometimes in America. It was stated in the message, 
that the existing laws of Congress regulating the internal 
concerns of the United States, would acquire comparatively 
little attention or alteration ; and that they were fitted gen- 
erally to secure the welfare and prosperity of the nation. 
The fiscal affairs of the government were fully explained, 
for the consideration of Congress, that such farther enact- 
ments might be adopted, as should appear necessary for the 
support of public credit, the payment of the national debt, 
and the prompt settlement of accounts by the agents of the 
government. The public finances were in a more prosper- 
ous state than had been calculated at the beginning of the 
year. The amount of duties for the year 1822, was nearly 

* When the treaty for the cession of Louisiana by France to the United 
States was drawn up, Napoleon is reported to have said to his minister, who 
prepared it, " If it is not obscure and equivocal, take care to malce it so." 



288 FEDERAL GOVERNMENT- [1822 

twenty-three millions of dollars ; and the recdpts into the 
treasury snch, as to leave a balance of three millions, after 
defraying the usual expenses of the government, and the re- 
demption of the stock of 1 820, to the amount of two millions.* 
The unsettled accounts, in 1817, as stated by the President, 
were upwards of one hundred millions of dollars. In Sep- 
tember, 1822, ninety-three millions of this amount had been 
settled. And it was owing to the pressing admonitions and 
the faithful attention of the President, that the accounts of 
the public officers were so generally adjusted. There were, 
however, still unsettled accounts exceeding nine millions. 
During the period, from 1817 to 1822, in about five years, 
one hundred and fifty-seven millions had been paid for the 
support of government, for fortifications, army, navy, &c. 
including a large amount of the national debt, which had 
been discharged. From 1817, including the former sum 
deficient or unsettled at that lime, the accounts remaining 
to be settled at the close of 1821, exceeded nineteen mil- 
lions. In a government so extensive and with such a pop- 
ulation, as the United States in 1822, it could not be 
avoided, that many and large amounts would be unsettled 
for one or two years. But it is a great detriment and a 
great evil in a republic. Mr Monroe was fully sensible of 
the evil, and endeavored to remove, or prevent it in future. 
But either from the difficulty attending the fiscal concerns 
of so extensive a country, and such numerous appropria- 
tions for public purposes, or the want of care and fidelity 
in the higher functionaries of the federal government, the 
evil has greatly increased since his administration.! 

The subject of manufactures was again mentioned by 
the President, in his message to Congress at this time. 
And he expressed the opinion, that, although this branch 
of domestic industry and enterprise was in a prosperous 
state, " a further augmentation of duties on some foreign 

* According to a report of the Secretary of the Treasury, the imports for 
1821, amounted to sixty-two and a half millions of dollars ; and the exports to 
sixty-five millions. The imports in American vessels fifty-eight millions ; of 
the exports, forty-eight millions were of the growth or manufacture of the 
United States. 

t An act was passed, January, 1823, against making advances of public 
money, in case of contracts, &c. and prohibiting payment exceeding the value 
of service actually performed, or of articles delivered for the government ; 
except in particular cases, the President should give particular orders, for an 
advance of funds. The same act required all agents and officers of the gov- 
ernment who received public monies, to render an account quarter yearly ; 
and made it the duty of a higher officer who appointed them, to remove any 
one who was delinquent in this respect. 



1822] MONROE. 289 

articles, might be made, which would operate in its favor, 
without affecting injuriously any other interests, or other 
department of business." 

On this occasion, the President also referred, in strong 
language, and evidently with the most generous feelings, to 
the situation of Greece, cruelly oppressed at that time, and 
for a long period before, by the Turkish government. He 
was too prudent and cautious to recommend any inter- 
ference Avith the affairs of so distant a country ; but he said, 
" a strong hope was entertained, that the people of Greece 
would recover their independence, and resume their equal 
and JList station among the nations of the earth." To this 
sentiment, so creditable to the Chief Magistrate of a free 
government, the representatives of the people, and the peo- 
ple themselves, in the United States, very cordially re- 
sponded. 

The following passage in the President's message, re- 
flected great lustre on his character as a patriot, a friend 
to republican governments, and an intelligent statesmen, 
who perceived the vast importance to the future destiny 
and happiness of mankind, of success in our civil institu- 
tions, and of principle, virtue, and fidelity in public officers. 
" The United States owe to the world a great example, 
and, by means thereof, to the cause of liberty and hu- 
manity, a generous support. We have thus far succeeded 
to the satisfaction of the virtuous and enlightened of every 
country. There is no reason to doubt, that the whole 
movement of the people and government will be regulated 
by a sacred regard to principle ; all our institutions being 
founded on that basis. The abihty to support our own 
cause, under any trial, is the great point on which the 
public solicitude rests. It has been often charged against 
free governments, that they have neither the foresight nor 
the virtue to provide, at the proper season, for great emer- 
gencies; that their course is improvident and expensive. — 
But I have a strong confidence, that this charge, so far as 
relates to the United States, will be found utterly destitute 
of truth." Strictly speaking, this may not be considered 
as a real prediction ; but it was a declaration full of salu- 
tary admonition to the people of the United States. Mr. 
Monroe had far more practical wisdom, as a statesman, 
and the ruler of a free people, than some of his predeces- 
sors, whose reputation far exceeded his, as philosophical 
politicians. The Constitution was his guide; and if he 
erred, through scruples of legitimate authority, in not fa- 
voring works of internal improvements, it was under the 
37 



290 FEDERAL GOVERNMENT. [1B22 

influence of truly republican principles. He did not com- 
plain that the arm of the executive was not made stronger 
by the Constitution ; nor assume power where it was not 
plainly delegated. 

Several subjects, of great interest, were presented to the 
consideration of Congress during this session. A bill was 
introduced in the Senate, by a member (Mr. Johnson) from 
Kentucky, for abolishing imprisonment for debts due to the 
United States. He urged its adoption, and many other 
members of Congress declared themselves in favor of the 
measure : but it was not passed at that time. He advo- 
cated it for several successive sessions, and it became a law 
in 1828. 

The subject of the slave trade, recommended to the 
attention of Congress by the President, was taken up 
promptly, and great zeal manifested by most members to 
adopt measures, in concert with England and some other 
European powers, for the entire suppression of that iniqui- 
tous traffic. Members from Maryland and Virginia, were 
as decided in favor of suppressing the trade, as those from 
the New England States.* And the President was fully 
authorized to enter into any engagements, consistent with 
the legitimate powers of the government, for the accom- 
plishment of so desirable an object. The greatest, if not 
the only difficulty, of agreeing to the terms proposed by 
England, for this purpose, was that of allowing a right to 
search vessels of the United States for slaves, by British 
naval commanders. For it was supposed, that a consent 
to this practice would lead to many injuries on American 
ships ; under a pretence that slaves were on board, all 
would be liable to be searched and detained, greatly to the 
detriment of the owners. It was contended, that this right 
must be ceded, with such restrictions as would prevent, in 
most cases, the detention of any vessels not engaged in the 
traffic! 

Numerous acts of piracy, had been then recently com- 
mitted on vessels of the United States in the Gulf of 

* A member from Virginia, (Mr. Mercer,) offered a resolution requesting 
the President to enter upon and prosecute such negotiations, on the subject, 
with any European powers, as he might deem expedient, for the effectual abo- 
lition of the slave trade. Mr. Wright, a Senator from Maryland, was active 
and zealous in his etibrts for preventing the traffic. The resolution was 
adopted in the House of Representatives by a vote of 131 to 9. 

t The ministers of the United States, at European Courts, were instructed to 
propose, that the slave trade be considered piracy, and those concerned in it 
punished accordingly. 



1822] MONROE. 291 

Mexico, and in the West Indies. The President referred 
to the subject in his annual message to Congress ; and a 
law was passed authorizing him lo employ such a number 
of vessels, as he might consider proper, to suppress these 
piratical depredations. A large sum was placed at his dis- 
posal, for preparing a naval force to protect the commerce 
of the United States in those seas.* 

The question of an additional act laying higher duties on 
some imported articles, particularly woollen goods, was 
again agitated at this session, and on several days with 
uncommon zeal and warmth. The President had intimated 
in his annual message, that the duty might be increased 
with a view to the encouragement of the woollen manufac- 
tures in the United States. The friends of domestic manu- 
factures seized on this suggestion of the President to favor 
their wishes. And it was proposed by a committee on the 
subject, to add to the duty already imposed, five per cent. 
The bill offered would have operated as a prohibition on 
low priced woollens, which was avowed by a few members. 
But the duty was not augmented at that session ; the mem- 
bers from the south being totally and warmly opposed ; and 
some from the eastern States considered it improper to en- 
courage the manufacture, by laying a higher duty on the 
imported articles than was then required. 

The committee on naval affairs reported in favor of an 
equal support for the navy, as had been previously afforded ; 
and in some respects, of an increase of that branch of na- 
tional defence. It was proposed to have one rear admiral, 
five commodores, twenty-five captains, thirty master com- 
mandants, one hundred and ninety lieutenants, four hundred 
midshipmen, seventy-five surgeons and surgeons' mates; 
making in the whole, adding gunners, carpenters, sail- 
makers, &c., 3,500, exclusive of common sailors. The 
subject was under debate on several different days ; but 
different opinions were entertained, and nothing was matured 
at that time. 

The subject of internal improvements was before Congress 
at this session, in various forms. It was proposed to cause 

* Mr. Gorham, of Massachusetts, was Chairman of the Committee, in the 
House of Representatives, on this subject; and the bill was ably supported 
by him. It was a select committee. Early in 1823, twelve vessels, one of 
them a sloop of war, one a large store ship, and the others armed schooners, 
sailed from Norfolk, for the West Indies and the Gulf of Mexico, for the pro- 
tection of the United States commerce against pirates. 



292 FEDERAL GOVERNMENT. [1822 

surveys for the purpose of constructing canals at Sandwich, 
across Cape Cod — in New Jersey, from the river Raritan to 
the Delaware — from the Delaware to the Chesapeake bay — 
from the Chesapeake to Albermarle sound — from lake Erie 
to the river Ohio. But no order was taken even for surveys. 
Many of the members of Congress believed the Constitution 
had given no such power to the national government : and 
a variety of opinions prevailed, as to the places proper to 
be surveyed for this purpose. A warm discussion also arose 
on the motion to appropriate money for the repairs of the 
Cumberland road, deemed an important national work. — 
Large sums had been expended on that road ; but it was 
then in such a state, as to be impassable in most parts. The 
President had intimated a willingness to favor a bill for re- 
pairing the road, though opposed to extending it, and doubt- 
mg the propriety of the original grants to open it. The 
session closed without any definite action on the question. 
A convention of navigation and commerce was made and 
concluded between the United States and France, in 1822 ;* 
which was ratified by the President and Senate, and a law 
passed by both Houses of Congress to carry its provisions 
into effect. Efforts had been made for a long time, by the 
government of the United States, to form a commercial 
treaty with France ; but the French court had manifested 
great reluctance to enter into a convention for the purpose. 
The trade of that nation did not suffer from a want of such 
a treaty ; but the United States lost many advantages by 
the omission. In 1820, the American Envoy near the court 
of France, wrote to the President, " that negotiations had 
become fruitless." An additional tonnage duty was laid 
on French vessels, arriving in the ports of the United States, 
in 182] ; in consequence of the regulations of France un- 
favorable to the navigation and commerce of the United 
States : and this probably led the French ministers to form 
the convention of 1822. It was to continue only for two 
years from October of that year, however, provided either 
party should desire to annul it. But neither government 
did give any notice of such desire: and the convention re- 
mained in force, and the trade was pursued between the 
citizens and subjects of each nation, on terms of just reci- 
procity. 

* This treaty was prepared by Mr. Adams, Secretary of State of the United 
States, and the Baron Hyde de Neuville, minister plenipotentiary of the KJPg 
fyf France. 



1822] MONROE. 293 

After the peace of 1815, the commerce and navigation of 
the United States did not reap all the advantages from that 
event, which might jnstly be hoped. A restrictive and mo- 
nopoh'zing policy was adopted both in France and Great 
Britain ; and these countries derived great benefits from the 
trade to the United States, while reciprocal advantages were 
not realized by the merchants of the latter. It was a con- 
stant object, for some years, particularly in 1820 — 1822, 
with enlightened politicians in the United States, who were 
favorable to commerce, to devise measures for removing the 
embarrassments produced by the policy of European pow- 
ers ; or to make regulations respecting the navigation and 
trade of foreigners to American ports, which should prove 
to be countervailing, in some degree, of the restrictive sys- 
tem of those governments. The principal measures adopted 
by Congress, with this view, were proposed or advocated 
by Mr. King, a senator from the State of New York ; than 
whom, no one in Congress was more active in favor of com- 
merce, or had more correct and enlarged views on the sub- 
ject. 

In his annual address to Congress, December, 1823, Pres- 
ident Monroe gave a faithful representation of the general 
condition and affairs of the United States : and, in most 
respects, it was highly satisfactory ; showing the prosperous 
and advancing state of the country : its commerce extending, 
its natural resources developing, its finances increasing, its 
manufactures flourishing, and its population vastly enlarged. 
He invoked the attention of Congress to the great duty of 
legislating for the various concerns of the nation, on the 
right direction and regulation of which, by the federal gov- 
ernment, depended the future welfare, progress, and glory of 
the republic. 

The various measures, which Congress had previously 
directed or authorized the President to adopt, it appeared 
had been faithfully executed, or were in due progress of 
accomplishment, by means promptly used to give them, ef- 
fect. With Great Britain, negotiation had been renewed, 
for settling the boundaries between the United States and 
the adjoining British provinces ;* and for regulating com- 
mercial intercourse with these and other colonial possessions 
of England, which had long been in an unsettled state, 
tending to create unfriendly colhsions; — with France, for 

* It was observed by the President, " that from the great difficulty and ap- 
parent impracticability of performing the service, he had proposed to the British 
government, to establish the boundary by amicable negotiation." 



294 ' FEDERAL GOVERNMENT. [1823 

adjusting the claims as to indemnity for losses sustained by- 
citizens of the United States, owing to unjust seizures and 
confiscations of their property, in the late war in Europe ; — 
with Russia and with Spain also, relating to disputes of 
long existence ; those with the former referring to the terri- 
tory on the northwest coasts of America; and those with 
the latter, to the subject of privateers, (but another name 
for pirates,) then vastly multiplied, and sailing under pre- 
tended Spanish authority, to ihe great interruption and in- 
jury of American commerce in the West India latitudes. 

The public revenue for the year past had so much in- 
creased, that the President supposed, with proper economy 
in (he expenditures of government and fidelity in the col- 
lecting and receiving officers, the national debt might be 
extinguished in twelve years. The statement made by him 
of the national resources and of commercial enterprize, 
warranted the opinion he advanced on this subject; though 
the pensions for revolutionary services had added over a 
million of dollars to the demands on the treasury of the 
United States. The condition of the national army, though 
small, was represented as much improved in its organization 
and discipline ; and as subject to a system of economy and 
accountability, which admitted of little further improvement. 
The military academy, the board of engineers and the to- 
pographical corps, had fulfilled the highest expectations of 
the government, and were considered of great public utility. 
And the militia of the United States, generally, was in a 
respectable condition ; but the attention of Congress was 
required, to render the system still more efficient and perfect. 
The importance of this subject was strongly urged by the 
President, on the consideration of the federal legislature at 
this time. Speaking of the services of the navy in protect- 
ing the navigation of the United States, both in American 
and European seas, where it had been employed, the Pres- 
ident said, " it was a source of great satisfaction, that we 
could, on all occasions, recur lo the conduct of our navy 
with pride and commendation. As a means of national 
defence, it enjoys the public confidence, and is steadily as- 
suming additional importance." For several years the naval 
force of the United States had been increased : not indeed, 
so rapidly as in the time of the war with Great Britain ; 
but sufficiently for all the purposes of protection to the 
commerce and navigation of the country, against piratical 
vessels, which were then numerous in the West Indies and 
the Gulf of Mexico. 
President Monroe must have been strongly impressed in 



1823] MONROE. 295 

favor of domestic manufactures, for the prosperity of the 
nation, as he again recommended to Congress to afford them 
protection by law, in a new regulation of the tariff on im- 
ported goods similar to those then made in the United 
States. He had previously, on more than one occasion, 
called the attention of the federal legislature to this subject; 
and had expressed an opmion in favor of extending the aid 
of government to this branch of industry and enterprise. 
And he now said, " That the views which he had before 
expressed remained unchanged ; and that additional pro- 
tection might justly be afforded to those articles which the 
citizens were prepared to manufacture, and which were 
more immediately connected with the defence and inde- 
pendence of the country." 

A portion of the national legislature, in favor of encour- 
aging domestic manufactures, was opposed to any farther 
protection ; and this opposition was made principally by 
members from the southern States, where no manufactures 
existed; and who believed that additional duties on im- 
ports, merely for the benefit of the manufacturers, would 
operate unequally in different parts of the United States. A 
spirit of jealousy prevailed towards the northern and eastern 
States, which had prospered beyond those of the south by 
commercial enterprise ; and which were now to be chiefly 
benefited by aid and protection to manufacturing estab- 
lishments in that section of the Union. The opinion of the 
President, a citizen of Virginia, where manufactures were 
not much attended to, must have been impartial and dis- 
interested on this subject, and may justly be considered as 
the result of comprehensive and patriotic views. 

This reiterated suggestion of the President, was the occa- 
sion of an additional law of Congress on the subject, in 
May, 1824, by which the tariff was revised and altered; 
and higher duties imposed on several articles of import ; 
chiefly of the description of tliose then manufactured in 
the United States. On several articles, a duty of five per 
cent, was laid in addition to that before imposed; though 
the act met a very powerful opposition.* 

* The bill was more debated, in the House of Representatives, than any pre- 
sented for many years ; and the majority in favor of it was only five — 107 to 
102. It was opposed alike by those concerned in commerce and agriculture. 
The former believed it would prove detrimental, in its operation, to their par- 
ticular interests ; and the latter, considered that an undue profit was secured 
by it to the manufacturers. Home opposed it, under an apprehension, that it 
would greatly dnninish miports, and thus lessen the public revenue. And a 
few voted against the bill, because they were dissatisfied with its details, rather 
than with its general principles. It passed the Senate, with several alterations, 
by a vote of 25 to 21. 



296 FEDERAL GOVERNMENT. j-1824 

Although the President had expressed doubts of spending 
the pnbhc funds for internal improvements, he declared 
himself in favor of appropriations from the public treasury, 
for repairs on the Cumberland road, which was considered 
an im'portant national object; and he also proposed a sur- 
vey of the country between the waters of the Chesapeake 
and Ohio, for a canal ; which would be of a similar na- 
tional character, and therefore worthy of the consideration 
of Congress. " It would be almost impossible," he said, 
" to calculate the beneficial consequences which would re- 
sult from it. A great portion of the produce of the very 
fertile country, through which it would pass, would find a 
market through that channel. Connecting the Atlantic 
with the western country, in a line passing through the 
seat of the national government,* it would contribute essen- 
tially to strengthen the bond of Union itself Believing, as 
I do, that Congress possess the right to appropriate money 
for such a national object — the jurisdiction remaining in 
the States through which the canal would pass — I submit 
it to your consideration, whether it may not be advisable 
to authorize the employment of a suitable number of officers 
of the engineer corps to examine the intervening grounds, 
with a view to the construction of such a canal." 

In the course of the following session of Congress, April, 
1824, anact was passed authorizing the President to cause 
surveys and estimates to be made of such routes, for roads 
and canals, as he might deem of national importance, either 
in a commercial or military view; or necessary for the 
transportation of the public mail. There was a very gen- 
eral opinion, at that time, in favor of internal improve- 
ments ; especially, where the work would prove of national 
benefit; and an appropriation of seventy-five thousand dol- 
lars was made, at this session of Congress, to improve the 
navigation of the Ohio and Mississippi rivers. The ob- 
jection to appropriations of public money for roads, related 
to those which would be only for the advantage and ac- 
commodation of a single State ; which, it was contended, 
should construct such roads ; the older States having been 
at the expense of making them within their respective 
limits. Tracts of the public land, however, were sometimes 
granted to new States, for the purpose of education, and in 
a very few instances, for roads deemed important to the 
whole country, though chiefly and directly beneficial to a 
single State. 

* It was proposed to have the canal run through the District of Columbia. 



1824] MONROE. 297 

The struggle of the Greeks for civil liberty, at this period, 
excited the sympathy of all those who enjoyed or justly 
valued the blessings of a free government. In the United 
States, this generous sentiment was deep and universal ; 
and the President was justified in referring to the event, as 
he was the principal public organ of the republic. ]3ut 
the expression of his sentiments on the occasion, was as 
proper in point of prudence, as it was honorable to his 
philanthropic feelings. "It is believed," he said, "that 
the whole civilized world takes a deep interest in their 
welfare. Although no power has yet declared in their 
favor, none have taken part against them. Their name 
and their cause have protected them from dangers which 
might have overwhelmed any other people. The ordinary 
calculations of interest, and of acquisition, with a view to 
aggrandizement, which mingle so much in the transactions 
of nations, seem to have had no effect in regard to them. 
From the facts, which have come to our knowledge, there 
is just cause to believe, that their oppressors have lost, for- 
ever, all dominion over them ; and that Greece will become 
again an independent nation. That she may obtain that 
rank, is the object of our most ardent wishes." 

On this occasion the President referred to the origin and 
nature of the federal government, and to the important and 
extensive benefits it had produced. " The history of the 
world," he said, with great truth, " furnishes no example 
of progress and improvement in all the essential attributes 
of national prosperity and happiness, which presents a 
parallel." And in illustration of the fact he contrasted the 
condition of the country, as it then was, with its feeble 
state in 1775, and even in 1784. But, as he justly observed, 
it was not only the increased population and enterprise and 
wealth of the country, which had contributed to the happy 
result; " it was owing also to an enlargement of the basis 
of our political system, and increase in the number of States, 
that the strength and character of the republic were so 
great. Consolidation and disunion have been thereby ren- 
dered equally impracticable. Each government, confiding 
in its own strength, has less to apprehend from any other; 
and, in consequence, each enjoying a greater freedom of 
action, is rendered more efficient for all the purposes for 
which it was instituted." 

Mr. Monroe was not alone in the opinion here expressed. 
Many intelligent statesmen, who had indulged great fears 
as to the stability of the general government and the con- 
tinuance of the Union, were more ready to cherish a belief 
38 



298 FEDERAL GOVERNMENT. [1824 

as well as a hope, of the perpetuity of the federal system, 
and of the blessings of a national administration. The ex- 
perience of thirty-four years had led them to repose more 
confidence both in the permanency and the benefits of the 
federal compact between the several States, for objects of 
mutual and general interest. The government had already 
been sustained under severe trials, arising from the French 
revolution ; from the monopolizing spirit of England ; from 
party disputes and collisions among the people ; from a 
Avar, which many deemed unnecessary, and which added 
largely to the public taxes. There had been times of ap- 
prehension, but the vigilant and generous patriotism of the 
people proved sufficient to remove them. And if the gen- 
eral government ever assumed powers, not vested in it by 
the Constitution, which was the instrument and choice of the 
people, the individual States interposed their remonstrances, 
and the evils feared were removed. 

Early in the session, a proposition was made for an ad- 
ditional article to the Constitution, respecting the election 
of President and Vice President of the United States ; so 
that there might be a choice by the people, or their electors 
chosen by them, and in no event to be referred to the mem- 
bers of Congress. Several plans were proposed for this 
purpose ; and that which received the principal support, 
provided for a second voting by the electors, if no choice 
were made on the first trial. It was also proposed, that if 
the choice should devolve on Congress, it should be decided 
by the majority of votes of both Houses meetmg in Con- 
vention. The subject was long debated in the Senate, and 
a general desire expressed to prevent an election by the 
members of Congress, instead of effecting it by the electors 
chosen by the people in the several States. No plan pro- 
posed, however, met the approbation of the majority of the 
Senate ; and on motion of Mr. King of New York, the sub- 
ject was indefinitely postponed, by a vote of 30 to 13. 

A bill was before Congress again, at this time, for abol- 
ishing imprisonment for debt, where the poor debtor was 
owing the United States, and no fraud was alleged ; and 
after repeated discussions, it was passed by the Senate, but 
did not then receive the sanction of the House of Repre- 
sentatives.* Its passage in the Senate gave great satisfac- 
tion to every true philanthropist ; and was justly consid- 
ered a triumph of the cause and principles of humanity. 

* The bill was not debated in the House, at this session ; it did not come 
before that branch of the legislature in time sufficient for due consideration. 



1824] MONROE. 299 

The last regular annual message of President Monroe, 
addressed to Congress, December, 1824, presented a view of 
public affairs and of the condition of the United States, 
highly satisfactory and gratifying to the friends of the fed- 
eral government. The labors and enterprises of the citizens 
had been attended with uncommou prosperity : the usual 
operations of government had been effected both with fidel- 
ity and tranquillity ; the people universally manifesting a 
spirit of due subordination and of regard for constitutional 
authority : the national finances adequate to former ap- 
propriations, and to all proper expenditures, as well as to 
the gradual redemption of the public debt, as previously 
estimated : the Union was evidently dear to the people, and 
strengthened by their cordial support : the policy adopted 
and pursued towards foreign nations had proved to be 
wise and just ; such as to disarm them of old jealousies, 
and to conciliate their amity, both in a commercial and po- 
litical intercourse. " By a happy distribution of power," 
said the President, " between the national and State gov- 
ernments, which rest alike on the sovereignty of the people, 
and seem fully adequate to the great purposes for which 
they were respectively instituted, causes which might 
otherwise lead to dismemberment, operate powerfully to 
draw us closer together." " And as to foreign nations," he 
said, "it has been the invariable object of this government 
to cherish the most friendly relations with every other 
power, on principles and conditions which might render 
them permanent. A systematic eflbrt has been made to 
place our commerce, with every nation, on a footing of per- 
fect reciprocity ; to settle with each, in a spirit of candor 
and liberality, all existing differences ; and to remove, as far 
as possible, all causes of future variance." 

The President gave Congress information of the failure 
of attempts, by the commissioners of the federal govern- 
ment and Great Britain, to ascertain and fix the boundary 
line between the British provinces on the northeast, and 
northwest, and the United States, as proposed in the fifth 
article of the treaty of Ghent ; and of an agreement between 
the two governments, to establish the line by amicable ne- 
gotiation ; and he expressed his belief that it would be 
thus satisfactorily adjusted. Had more decision been ex- 
hibited for a speedy adjustment of this subject, as probably 
would have been, if any danger of a war on that account 
had been then apprehended, the difficulties, which subse- 
quently occurred, would have been avoided. The British 
government then, as since, appeared disposed to delay a 



300 FEDERAL GOVERNMENT. [1824 

decision, in the hope, probably, of obtaining a part of the 
territory in dispute. 

He again referred to the slave trade, still pursued to a 
considerable extent, and expressed a strong desire in favor 
of any and every practicable method, which would be 
adopted, to put an end to a traffic so revolting to the friends 
of humanity through the civilized world. It appeared that 
negotiations had been renewed on the subject, and a con- 
vention concluded in London, in March, 1824, by pleni- 
potentiaries duly anthorized by both governments ; but that 
obstacles had occurred to its ratification which had not been 
removed. The greatest if not the only difficulty Avas to be 
found in the proposition of the British government to subject 
the vessels of both nations, suspected of being concerned in 
the traffic, to a search by the armed ships of either. An 
apprehension of the abuse of this right prevented the Amer- 
ican government from assenting to the proposal. But, to 
avoid an explicit concession of that kind, it was proposed 
by the latter, to consider the traffic as piratical ; it being 
intended thereby, to place all offenders in this respect, beyond 
the protection of their respective governments. 

Commercial treaties were concluded between the United 
States and several European nations, about this period ; as 
Russia, Prussia, Sweden, the Netherlands, and with some of 
the Hanseatic cities ; and in referring to them, the President 
said, " that our commerce was placed on a footing of perfect 
reciprocity by these treaties." And he added, "the prin- 
ciples on which the commercial policy of the United States 
is founded, are to be traced to an early period. They are 
essentially connected with those, on which their indepen- 
dence was declared ; and owe their origin to the enlight- 
ened men who took the lead in public aifairs at that im- 
portant epoch.* They are developed in the first treaty of 
commerce with France in 1778 ;t and afterwards by a for- 

* This was a high compliment to the wisdom of the patriotic statesmen who 
composed the first continental Congress; and as just as it was grateful. 

t The treaty of commerce with France, February, 1778, recognized, as the 
basis of their agreement, "the most perfect equality and reciprocity;" and 
■" carefully avoided all those burthensome preferences, which are commonly 
sources of debate, embarrassment, and discontent; leaving each party at liberty 
to make those interior regulations, respecting commerce and navigation, which 
it should find most convenient to itself; and by founding the advantage of com- 
merce solely on reciprocal utility and the just rules of free intercourse ; re- 
serving to each party the liberty of admitting other nations to a participation of 
the sanje advantages." 



1824] MONROE. 301 

mal commission,* at the close of the revohitionary war, for 
the purpose of negotiating treaties of commerce with the 
nations of Europe. The act of Congress, of March, 1815,f 
on the return of peace, was a new overture to foreign nations, 
to estabhsh commercial relations with them on the basis of 
free and equal reciprocity." 

The United States entered into a treaty with Russia in 
1824, " for ascertaining and defining the limits and rights 
of the respective nations, in the northwestern parts of Amer- 
ica." The Emperor of Russia, not long before, had laid 
claim to a large portion of western America, and the sole 
right to navigate the ocean and seas adjoining. Collisions 
had sometimes occurred between the citizens of the United 
States and the subjects of Russia, navigating and trading 
on and near the coasts. These claims were opposed by the 
federal government, and a treaty on the subject was con- 
cluded, as above mentioned ; by which the boundary line 
between the two nations was agreed to be in north latitude 
fifty-four degrees and forty minutes. It was also agreed, 
" that neither power should be disturbed or restrained, either 
in navigation or in fishing, at places not before occupied by 
either, for the purpose of trading with the natives — that the 
subjects and citizens of each should not resort to places 
where establishments had been respectively made by them, 
for trade, without permission from the commander of the 
settlement — but that for ten years, the ships of both powers 
might frequent, without interruption, the interior seas, gulfs, 
or harbors on the coasts, for the purpose of fishing and 
trading with the natives." 

As the close of his administration was approaching, the 
President seemed to have considered it proper to exhibit a 
full and particular statement of the debts and finances of 
the federal government. It was stated in his message, 

* The principles and doctrines herein recognized and approved, were fa- 
vorable to free trade, and opposed to monopolies and restrictions; and in 1785,, 
Mr. Adams, the first minister to England from the United States, proposed these 
principles as the basis of a commercial treaty with Great Britain. But they 
were entirely rejected by the British ministry. They were contrary to the 
policy of that government; and the state of America was then such, that Eng- 
land derived great advantages from trade without any treaty. 

t This act provided, "that former discriminating duties on tonnage and on 
goods, between those of the United States and of foreign countriesrby which 
a much higher rate was imposed on those of the latter, should be removed, on 
a repeal, by any foreign government, of their discriminating and countervailing 
duties, detrimental to the United States, and the public declaration thereof by 
the President on such an event." 



302 FEDERAL GOVERNMENT. [1824 

" that, exclusive of loans for the purpose of reducing the 
rate of interest paid by the government, the receipts into 
the treasury for the year 1824, were eighteen and a half 
millions, and that there was a balance in the treasury, on 
the first of that year, of nine millions and a half — that, 
after the current expenses for support of the government, 
and disbursements for claims for Spanish spoliations, for 
fortifications, for the army and navy departments, for sur- 
veys relating to proposed national works, interest on the 
public debts, and eleven millions and a half applied to the 
sinking fund, — there would be, by estimation, a balance of 
three millions in the treasury on the first of January, 1825. 
It was estimated that the receipts for 1825 would amount 
to a sum sufficient to meet all the expenses of government, 
if on a similar plan of appropriations for the various de- 
partments, and leave ten millions for reducing the public 
debt. A reduction of forty-four millions of the national 
debt had been already efiected since the year 1817 ; although 
great appropriations had been necessary, during that period, 
for the support of the government, increase of the navy, 
for the army and forts, and for purchases of Indian lands. 
The amount of the debt was estimated at a little less than 
eighty millions; and a calculation presented, showing it to 
be probable, that, with the usual receipts into the treasury, 
the continuance of peace, and common prosperity in com- 
mercial enterprize, the whole might be extinguished within 
ten years. 

The President referred to the condition of the Indian 
tribes within the territory of the United States ; to the re- 
lations then existing between them ; and to the policy of 
the general government in its treatment of these uncivilized 
people. The policy early adopted by the government, in 
its conduct towards these uncultivated tenants of the for- 
ests was founded in friendly and benevolent views ; and 
it was pursued by the several administrations, except 
where the claims of individual States embarrassed the gov- 
ernment, and sometimes led to severe treatment of the 
native tribes. The object of government was to treat them 
with justice, but to purchase such tracts of land as they 
were willing to sell and abandon ; and at the same time to 
provide for their improvement by encouraging schools and 
the arts of agriculture and civilization among them. Con- 
gress had passed no laws designed or tending to injure or op- 
press these tribes ; the administration had issued no orders 
interfering with their rights ; and yet the agents of the gov- 



1824] MONROE. 303 

ernmeiit were some times charged with deceiving and de- 
frauding them : and several of the States, within whose ter- 
ritories they resided, in their desire to remove them, were 
accused of treating tiiem with great severity and injustice. 
When the tribes refused to remove, as it was alleged they 
had agreed to, within a convenient time, the State author- 
ities, in some instances, undertook to regulate their con- 
cerns and to legislate over them ; which was the cause of 
much complaint on the part of the Indians. The appeals 
of States thus situated, as well as of the native tribes, oc- 
casioned great perplexity and difficulty to the federal 
administration. And in some cases, perhaps it pressed the 
removal of the Indians unreasonably, from a desire to 
satisfy the demands of the States where they resided. 

The general government had always manifested a desire 
to do justice to the aboriginal tribes; and large sums were 
voted and expended for their benefit, in payment of the 
lands purchased of them. Efforts were repeatedly made 
with a view to their social and moral improvement ; but 
were not attended or followed by any permanent benefit : 
in a few instances only were they beneficial. An act was 
early passed for their civilization ; and under its provisions, 
more than thirty schools had been established among them, 
before 1825 ; and such as would attend were instructed 
also in agriculture and the ordinary arts of life. Since 
that time most of the tribes have been removed to lands 
west of the Mississippi, which were alloted to them by the 
general government, with a view and a solemn agreement 
to their continuance in the new territory, without interfer- 
ence as to the title of the lands, or to their internal police. 
Justice requires that these agreements should be strictly 
observed and fulfilled on the part of the United States. 

A resolution was offered in the Senate, (February, 1825.) 
hy Mr. King, of New York, proposing, that, after the pay- 
ment of the funded debt, for which the public lands of the 
United States were pledged, should be made, the proceeds 
of the sale should be applied to the emancipation of such 
. slaves within any of the United States, and to aid in the 
removal of such free persons of color, as by the laws of any 
were allowed to be emancipated or removed, to any terri- 
tory without the limits of the United States. But the sub- 
ject did not receive the consideration which its great na- 
tional importance seemed to demand. The resolution did 
not interfere with the laws and usages of any State relating 
to slaves. Had it been adopted, the effect would have 



304 FEDERAL GOVERNMENT. [1824 

been similar to that which the Colonization Society have 
in view ; and would have secured public funds for the pur- 
pose. There could be no constitutional objection to the 
measure. The appropriation might be as justly made for 
this object as for education or internal improvements. 
But whenever the subject of slavery has been introduced 
into Congress, it has excited great sensibility, and produced 
collisions between members from ditferent parts of the 
country, which the more prudent and conciliatory wish to 
avoid. 

Mr. Monroe was not so great a philosopher as Jefferson, 
nor so learned as Madison ; but he possessed more practical 
knowledge, or was more desirous of pursuing that which 
was useful than of adopting new theories, or of supporting 
his own speculative views in opposition to public opinion. 
He faithfully strove to defend and to promote the great in- 
terests of the republic ; but sought not for impracticable 
good, in ways discovered only to his contemplative imagi- 
nation. He had as much regard for humanity, and was 
as sincere a lover of his kind, as Mr. Jefferson ; but he fol- 
lowed more truly the beaten path of common sense, and 
adhered more cautiously to the plain maxims sanctioned 
by experience, and shown by past history to be essential to 
the welfare of society. 



1825] ADAMS. 305 



CHAPTER XII. 

Mr. Adams elected President by the House of Representatives. His Political 
Views and Policy similar to those of Mr. Monroe. His eminence as a 
Statesman. In favor of Internal Improvements. The Minority Opposed 
to him, Large and Powerful. Unjustly charged with Extravagance in Public 
Expenditures — And with a disposition to accumulate Power by the Gen- 
eral Government. Attentive and able in his Negotiations. Made few ap- 
pointments by the removal of Public Officers. Difficulties with State of 
Georgia, relating to the Indians in that State. Objections in Congress to 
Expenditures for internal Improvements, and Surveys for Canals, &c. Dis- 
cussions respecting a new Tariff of Duties; And the Protection of Domestic 
Manufactures. Envoys to Republics of South America — to Congress of Pa- 
nama. Judiciary Department. Officers entitled to Half Pay. Grants of 
Public Lands for Schools. 

John Quincy Adams, of Massachusetts, was advanced to 
the presidency of the United States, in March, 1825. 
There was no choice by the State electors ; and the election 
devolved on the House of Representatives, as provided by 
the Constitution, in the event of such a failure. Mr. Ad- 
ams was one of the two candidates,* who received the 
greatest number of votes for the presidency ; a majority of 
States, as represented in the House, were cast for him, on 
the first trial in that body. 

The political views and opinions of Mr. Adams did not 
differ, in any very important points, from those of his pre- 
decessor. The policy and measures of President Monroe 
were continued by the present administration. They were 
long associated in the public service, more or less nearly, 
both at home and abroad. No important measures of the 
administration of Mr. Monroe, it was believed, were adopted 
without the advice or consent of the Secretary of State, 
the place held by Mr. Adams in the cabinet, during the 
presidency of the former. 

No man in the country had a higher character, as a poli- 
tician, than Mr. Adams. The education given him by his 
illustrious father. President John Adams, was designed to 
qualify him for the duties of public life, and to make him 
eminent as a statesman. And he faithfully improved his 

* Andrew Jackson, of Tennessee, was the other; and in 1829, he suc- 
ceeded Mr. Adams. 

39 



306 FEDERAL GOVERNMENT. |-1825 

early advantages. He made great acquirements in general 
literature ; and in diplomacy was equal to any individual 
of his age and time. The science of civil government was 
familiar to him ; and he had a strong attachment to repub- 
lican institutions. 

On one point, perhaps, he differed from his immediate 
predecessor. He expressed less regard for State rights, or 
allowed more power to the general government, according 
to his construction of the Constitution, than Mr. Monroe did. 
The latter considered the United States government strictly 
federal ; the former viewed it rather as a consolidated, or 
national one. In their public measures, however, this dif- 
ference of opinion did not often lead to the exercise of greater 
power by one than the other. The Constitution was the 
guide of both ; but one might approve an act of Congress 
for internal improvements, from which the other would 
probably have withheld his assent, from scruples, as to the 
constitutional authority of the federal government for such 
enterprizes. Owing to opinions before formed, unfavorable 
to Mr. Adams, whether just or unjust, and some circum- 
stances connected with his election, the minority, dissatisfied 
with his elevation to the chair of the Union, was large and 
powerful : and a portion of them early discovered a dispo- 
sition to embarrass or misrepresent his measures. But 
another portion adopted the language of one of his rivals 
for the Presidency, and said, "let him be judged by his 
measures." He selected men of ability to assist in the ad- 
ministration of the government. The federal legislature 
was almost equally divided, as the political adherents or 
opponents of President Adams ; and an influence was 
exerted, sufficient to perplex the ablest statesman. The 
public concerns of the United States, both as to foreign re- 
lations, and to the finances of the government, had been so 
well directed by President Monroe, that no questions of 
great ditficulty presented for solution, or calculated to excite 
strong party feelings. It was only necessary to pursue the 
policy and course already adopted, and to carry out the 
views expressed and the plans recommended by the pre- 
ceding administration.* 

* President Adams did no more than justice to his predecessor, when he 
said, in his inaugural address — "The great features of his policy, in general 
concurrence with the will of the people, has been to cherish peace, while pre- 
paring for defensive war; to yield exact justice to other nations, and to maintain 
the rights of our own ; to cherish the principles of freedom and of equal rights 
wherever proclaimed; to discharge, with all possible promptitude, the national 
(debt ; ,to reduce within the narrowest limits of efficiency the military force ; 



18251 Ax ADAMS. 307 

The opinion of- President Adams, touching the powers of 
the general or federal government, was expressed in the 
following passage in his inaugural address—" Our political 
creed is without a dissenting voice which can be heard— 
that the will of the people is the source, and the happiness 
of the people the end, of all legitimate government on earth- 
that the best security for the beneficence, and the best guar- 
anty against the abuse of power, consists in the freedom, 
purity, and the frequency of popular elections — that the 
general government of' the Union, and the separate govern- 
ments of the States, are all sovereignties of limited poicers ;* 
fellow-servants of the same masters ; uncontrolled iDithin 
their respectiiie spheres ; uncontrollable by encroachments on 
each other. ^^ 

He referred to former political parties and divisions, and 
manifested a generous spirit of candor and magnanimity. 
" Ten years of peace at home and abroad have assuaged 
the animosities of political contention, and blended into 
harmony the discordant elements of public opinion. There 
still remains one effort of magnanimity, one sacrifice of 
prejudice and passion, to be made by the individuals through- 
out the Union, who have heretofore followed the standard 
of political party. It is that of discarding every remnant 
of rancour against each other ; of embracing, as country- 
men and friends, and of yielding to talents and virtue alone 
that confidence, which, in times of contention for principle, 
was bestowed only upon those who bore the badge of party 
communion." 

As the highest official agent in administering the general 
government, Mr. Monroe had been constantly attentive and 
faithful. He was entirely devoted to the great interests of 
the nation, committed to his guidance and superintendence. 
And the republic was honestly and ably served during his 
presidency. Mr. Adams was no less devoted to the public 
welfare, and to the discharge of the high duties which his 
exalted station imposed. His first message to Congress, , 
presented in December, 1825, gave a very full and correct 
view of " the concerns of the country with reference to all 

to provide and sustain a military academy; to improve the organization and 
discipline of the army; to extend equal protection to all the great interests of 
the nation; to promote the civilization of the Indian tribes; and to proceed in 
the great system of internal improvements, within the limits of the constitu- 
tional power of the Union." 

* This is a different doctrine from those who teach that the States were not 
sovereignties in their separate capacity, and that this high attribute belongs to 
them only when united as one republic , one government. 



308 FEDERAL GOVERNMENT. [1825 

subjects interesting to the public welfare." It was more 
particular and more extended than the communications of 
the President on any similar occasion ; and yet they had 
never been deficient or partial in the statement given of the 
public atlairs of the nation. — The internal state of the coun- 
try was that of entire tranquillity, and its relations with 
foreign governments were of a pacific character. Nothing 
had occurred to interrupt the national repose or prosperity. 
The commercial intercourse with Great Britain and its col- 
onies, was not precisely such as the government of the United 
States had long wished to establish; but the regulations 
adopted by neither on the subject indicated any unfriendly- 
disposition. On several other governments of Europe the 
United States had claims for depredations, which had been 
committed on the commerce of its citizens, in former years ; 
but there was no reason to apprehend that these disputes 
would lead to war. It was confidently believed, on the 
other hand, that negotiations, then and for some time pend- 
ing, would lead to a satisfactory result ; and that indemnity 
for losses, in most cases, would be granted. The govern- 
ments on which the United States had such claims were 
Prance, Spain, Naples, Denmark, and the Netherlands. By 
the faithful application of the executive, these demands 
were, in great part, allowed.* 

As had been done by his predecessor, President Adams 
referred to the repeated efforts made, on the part of the 
United States, for forming commercial treaties with the 
powers of Europe, where trade and navigation was pursued, 
by American citizens, on terms of reciprocity ; but which 
had not in all cases been attended widi the success desired ; 
and yet several European governments had then recently 
met the propositions of the United States for regnlating 
commerce in a more liberal spirit, than was manifested some 
previous years. While an Envoy in Europe at diiferent 
periods, and afterwards Secretary of Slate for foreign rela- 
tions, Mr. Adams had strenuously contended for placing the 
commercial intercourse of the United States, particularly 
with Great Britain, on more just and equal principles than 
that nation was Avilling to recognize and adopt. The trade 
of England with most other parts of the world had long 
been pursued on exclusive or monopolizing maxims, which 

* These depredations on the commerce of the United States were committed 
principally by French vessels, — some before 1800, but most of them sev- 
eral years later — and were taken into the ports of other nations, as well as 
France, where they were unjustly condemned. The French government had 
then command of the ports in several other kingdoms in Europe. 



1825] ADAMS. 309 

contributed chiefly to its own wealth and prosperity. The 
state of the national finances had received no material 
change during the preceding year; but continued in the 
same prosperous condition as represented by Mr. Monroe, 
the last year of his administration. The revenue for 1824, 
had exceeded the anticipations of the treasury department; 
and tlie receipts amounted to nearly twenty-two millions, 
independently of the sums authorized to be taken as loans.* 
The expenditures for the same y,ear, exceeded that amount 
by nearly two millions : but there were about two millions 
in the treasury, at the beginning of the year ; eight millions 
of the above sum total had been applied lo pay the public 
debt ; and more than a milMon and a half had been " de- 
voted to pay the debt of gratitude to the warriors of the 
Revolution." The expenditures for the year included several 
large sums, which could not be justly considered as making 
part of the ordinary support of government. Four millions 
had been applied to pay the interest on the public debt : half 
a million for the increase of the navy ; more than a million 
for fortifications and the purchase of ordnance ; half a 
million for Indian annuities and purchase of their lands ; 
and somewhat over a million for internal improvements and 
surveys, authorized by particular acts of Congress — leaving 
only seven millions expended for the more immediate sup- 
port of the government, in its legislative, executive, and 
judicial departments. 

The receipts from the sale of public lands, which had 
been sold some time before, amounted to nearly two mil- 
lions; and the President expressed the opinion, that the 
sums received from this source in future years, would in- 
crease. He recommended forbearance, on the part of the 
government, towards those who had previously purchased 
in small lots, for actual settlement. 

The President was authorized by acts of Congress, 
passed at a former session, to form treaties of friendship 
and trade with the Indian tribes west of the Mississippi; 
and also with several tribes far to the north, viz : the Sioux, 
Chippewas, Sacs, Foxes, and Menomenees : which he now 
notified Congress had been concluded ; and that large ad- 
ditional tracts of land had been purchased of them. He 
had been also authorized to enter into a treaty with the 

* The exports for 1825 amonnted to upwards of ninety-two millions; and 
sixty-six millions were of domestic productions; a part of which were manu- 
factures, but far the greater portion products of the soil. The imports for the 
same year somewhat exceeded ninety-one millions. The exports were of 
greater amouDt, than in any former year. 



310 FEDERAL GOVERNMENT. [1825 

Creeks and other tribes in the vicinity ; and to snrvey and 
make a road from the frontier of Missouri to new Mexico. 
But their consent had not then been procured. 

The President referred to the memorable treaty made 
with some chiefs and individuals of the Creek nation or 
tribes, at the Indian Springs, in February, 1825 ; and its 
subsequent ratification by the Senate in March ; "under 
the unsuspecting impression tliat it had been negotiated in 
good faith." A portion of the tribe remonstrated against 
tlie treaty, and declared they were not consulted as to the 
terms on which it was concluded. 

A great excitement was produced among them on this 
account; and was a source of much perplexity to the gen- 
eral government. The majority of the tribe was opposed 
to the treaty; but the State of Georgia, which wished to 
have the Indians removed, and to have possession and 
jurisdiction of their territory, insisted on the fulfilment of 
the terms, which were highly beneficial to that State, and 
matter of just complaint with the tribe. 

They complained particularly of severe and oppressive 
treatment from the government of the State of Georgia; 
and of having been deceived by the agents employed to 
form a treaty with them the year preceding. It was al- 
leged, that those of their tribe who assented to the treaty 
of February, 1825, were but a small part of the nation ; 
and that a large majority were opposed to it. That treaty 
had been ratified by the executive soon after, (March, 
1825,) in the belief, that it was made in good faith, and 
was agreeable to the greater part of the tribe. A delega- 
tion from the tribe proceeded to Washington, early in the 
year 1826, to make a just statement ; to have the treaty 
of 1825 annulled ; and to conclude one on such terms as 
Avould be agreeable to the wishes of the nation. 

There had long been a dispute between these people and 
the State government of Georgia, which claimed the terri- 
tory where they resided. The claims of that State were 
considered very extravagant, as they extended over the 
whole territory west of the Mississippi river. That State 
was the last to cede to the United States a wild but exten- 
sive territory, occupied by Indian tribes, for the benefit of 
the whole nation. The territories ceded by the several 
States, were indeed but a relinquishment of their respective 
claims ; and Congress had only the pre-emptive right, by * 
virtue of such cessions. 

In 1802, a contract was made by the federal government 
with Georgia'; by which that State ceded land to the United 



1825] ADAMS. 311 

States, or to the State of Mississippi, which was then only 
a territorial government ; and the residue claimed by Geor- 
gia, Congress engaged to guaranty to that State, to extin- 
guish the Indian claim ; and to have them removed as soon 
as it could be done peaceablt/ and on reasonable lerms.^' 

The federal government, which had been invariably 
desirous of observing good faith with the Indian tribes, and 
had treated them with mnch lenity and kindness,* was 
fully disposed to do justice to the Creeks in their dispute 
with Georgia, which had now become impatient, that the 
Indians were not removed, and its occupancy and jurisdic- 
tion of the territory confirmed. Georgia strongly urged on 
the government of the United States the fulfilment of its 
former promise to be put in possession ; and as the tribe 
remained, insisted on exercising jurisdiction over them; 
and set up a claim also to have the boundary line between 
that State and Mississippi farther west than had before 
been fixed. Hence much difiiculty was given to the ad- 
ministration, which was equally desirous to satisfy Georgia, 
and to do justice to the Creeks. The governor of Georgia 
insisted on the removal of the tribe, and threatened to take 
possession by force of the territory, which the State claimed, 
and then occupied by the Indians. It was in contempla- 
tion of the executive to resort to force, to prevent these pro- 
ceedings on the part of Georgia. At one period, there ap- 
peared imminent danger of a collision. But a new treaty 
was concluded, at Washington, by the federal government 
with the chiefs of the Creek tribe, in March, 1826 ; and the 
military was not called out, as was apprehended at one 
time would be done. The last treaty or contract with the 
Creek tribe was confirmed in the Senate by a vote of thirty 
to seven. The treaty stipulated for the payment of a large 
sum to the tribe, and to guaranty the lands, not expressly 
ceded by them.f The dilficulty was thus adjusted for 
some time ; but disputes arose soon after, with that and 
other tribes in the vicinity respecting their removal. 

* The conduct of individuals or even of its own agents, the government 
could not always control, nor wholly prevent their wrong doings in all in- 
stances. 

t When the House of Representative passed the bill making appropriations 
to carry into effect the treaty made with the Creeks in 1826, the members 
from Georgia opposed it, and entered their protest against it in form; stating, 
that in their opinion it was unconstitutional, that the former treaty of March, 
1825, was the law of the land; that the treaty last concluded was injurious to 
their State, and ought not to have been confirmed, but with the approbation 
of Georgia. 

By this treaty, it was agreed to furnish various articles to such of the tribes 



312 FEDERAL GOVERNMENT. [1825 

In April, 1825, an act was passed for surveys, under 
the direction of the President, for the purpose of internal 
improvements, to be confined, however, to works of a na- 
tional character : and Congress was informed in the annual 
message at this time, that the Board of Engineers had been 
employed a great part of the year 1825. They had com- 
pleted the surveys necessary to ascertain the practicability 
of a canal from the Chesapeake bay, to the river Ohio ; and 
had also made progress in surveys for a national road from 
the seat of the federal government to New Orleans ; and 
for uniting the waters of the lake Memphremagog with 
the Connecticut river. 

Surveys for other works of national importance had then 
been partially made : as the continuation of the Cumberland 
road farther west ; a road from Missouri to Mexico ; and 
roads in the territories of Florida, Arkansas, and Michigan. 
The latter, being under the immediate and sole government 
of the United States, was believed to justify these expend- 
itures for the construction of public roads. The members 
of Congress, who opposed appropriations for internal im- 
provements, generally approved of the surveys and works 
mentioned above. 

After referring to the progress made in surveys for na- 
tional roads and canals, the President expressed an opinion 
in favor of internal improvements in a more enlarged and 
extended manner. He spoke of the acts of European gov- 
ernments, designed for the general advancement of science, 
and of works of public benefit, in a national view, as they 
added to the strength, prosperity, or ornament of the re- 
spective countries. And he intimated, that the general 
grants of power to the federal government in the Constitu- 
tion would authorize the appropriation of the public funds 
to various works of national importance and convenience. 
His predecessor had expressed doubts of the constitutional 
power of Congress for such objects, except in cases of man- 
ifest public necessity and general interest. " The great 
object of the institution of civil government " — said Mr. 
Adams, when alluding to this subject — " is the improve- 
ment of the condition of those who are parties to the social 
compact : and no government, in whatever form consti- 

as would, within two years, remove to the west of Mississippi, their expenses 
of removal, and also a support for one year after their settlement. A part of 
the Creeks then expressed a disposition to remove : and commissioners were 
to be appointed by the United States to join with the chiefs of the tribe, to 
survey and locate a tract for them ; which was to be without the bounds of 
any State or territory, and to be permanently and inviolably secured to them. 



1825] ADAMS. 313 

tuted, can accomplish the lawful ends of its institution, but 
in proportion as it improves the condition of those over 
whom it is established^ Koads and canals, by multiplying 
and facilitating the coiimiunications and intercourse between 
distant regions, and multitudes of men, are among the 
most important means of improvement. But moral, polit- 
ical, intellectual improvement, are duties assigned by the 
Author of our existence, to social no less than to individ- 
ual man. For the fulfilment of those duties, governments 
are invested with power ; and to the attainment of the end, 
the progressive improvement of the condition of the gov- 
erned, the exercise of delegated power is a duty as sacred 
and indispensable as the usurpation of power, not granted, 
is criminal and odious. Among the first, perhaps the very 
first instrument, for the improvement of the condition of 
men, is knowledge ; and to the acquisition of much of the 
knowledge, adapted to the wants, the comforts, and the 
enjoyments of human life, public institutions and semina- 
ries of learning are essential." 

These were very correct and important sentiments. But 
the question arose, whether the federal government was 
instituted for such purposes ; or had authority from the 
Constitution to expend the public funds for these various 
objects. The State legislatures, if true to their constituents, 
would not fail to provide for such benefits and improve- 
ments. But the general government was not instituted 
with a view to these objects. It is one of limited or spe- 
cific powers. And many, probably the majority of Con- 
gress and of the people, believed the federal legislature was 
not vested with authority to construct works of internal 
improvements, unless of a national character, and such as 
a State was not competent to accomplish. If the general 
grants of power were construed in an unrestricted sense, 
there would be no limits to the legislation of Congress, even 
in the most minute and local respects. In another part of 
this message, the President said — " The Constitution, under 
which we are assembled, is a charter oi limited power." 

The naval force of the Union — the message stated — had 
been employed during the year in the Mediterranean, the 
West Indies, and the coast of South America : one public 
ship had been occasionally cruising on the coast of Africa, 
and one on the coast of Labrador and the fishing grounds 
of Hudson's bay. The importance of a naval force, for the 
protection of the extensive and increasing commerce of the 
United States, was urged on the consideration of Congress, 
with great emphasis. The President said — " it was the 
40 



314 FEDERAL GOVERNMENT. [1825 

only arm, by which the power of our confederacy could be 
estimated or felt by foreign nations, and the only perma- 
nent military force, which will not be dangerons to our 
own liberties at home." — " A permanent naval peace estab- 
lishment, therefore, adapted to our present condition, and 
adaptable to that gigantic growth with which the nation 
is advancing in its career, is among the subjects which 
have already occupied the foresight of the last Congress, 
and which will still deserve serious deliberation. Our 
navy, commenced at an early period of our present polit- 
ical organization, upon a scale commensurate with our in- 
cipient energies, the scanty resources and the comparative 
indigence of our infancy, was even then found adequate to 
cope with all the powers of Barbary, save the first ; and 
with one of the principal maritime powers of Europe. At 
a period of further advancement, but with little accession 
of strength, it not only sustained with honor the most un- 
equal of conflicts, but covered itself and our country with 
unfading glory. But it is only since the close of the late 
war, that, by the number and force of the ships of which 
it was composed, it could deserve the name of a navy ; 
and yet it retains nearly the same organization as when 
it consisted of only five frigates. The rules and regula- 
tions, by which it is governed, urgently call for revision ; 
and the want of a naval school of instruction, correspond- 
ing with the Military Academy at West Point, for the for- 
mation of scientific and accomplished ofiicers, is felt with 
daily increasing aggravation." 

Mr. Adams recommended the establishment of an addi- 
tional executive department, at this time, to be denominated 
the interior or home department ; as the duties of the Secre- 
tary of State had much increased, and the foreign affairs of 
the United States would require his whole time. He also 
considered a revision of the Judiciary highly necessary, on 
account of the increased and extended population of the 
country, since its first establishment. And he suggested 
the expediency of establishing a military post at the mouth 
of Columbia, or Oregon river; and of a more full explora- 
tion of the northwest coast of America, than had before 
been done. 

The President made a proposition to Congress, at this 
time, of great political interest. It was that the United 
States take part in a Congress, to be held at Panama, to 
be composed of delegates from the republics of Mexico, 
Colombia, and Central America ; to deliberate on subjects 
of importance to each, and in which the welfare and in- 



1826] ADAMS. 315 

terest of all might be involved. These republics had agreed 
to hold such a meeting,* and had invited the United States 
to be there represented by its ministers or delegates. This 
invitation had been accepted by the President ; and he 
gave Congress information, that ministers would be com- 
missioned to attend and to take part in the deliberation, so 
far as might be compatible with the neutral state and char- 
acter which it was the interest and intention of the fed- 
eral government to maintain. 

This proved a subject of much discussion in Congress ; 
and several members complained, that the President had 
exceeded his constitutional authority, by accepting the in- 
vitation to join in the Congress proposed. It was contended, 
that he should have had an opinion of Congress in favor 
of a declaration to accept it ; especially, the approbation 
and advice of the Senate for such a measure. Congress 
had, indeed, two years before, passed a resolution author- 
izing the President to appoint a minister to either of the 
South American republics, which had asserted and long 
maintained their independence, if in his opinion it should 
be proper for purposes of trade, or the welfare of the United 
States. But the present proposal was of an entirely dif- 
ferent character, and not justified by the former resolution 
of Congress. For this plan might commit the peace of the 
Union, and involve the country in a war, provoked or oc- 
casioned wholly by the conduct of the South American 
republics. And it was believed, that, for the purposes both 
of commerce and of friendship, an Envoy at each separate 
republic would be sufficient. The President had indeed 
observed, that the Envoys sent to the proposed Congress 
would be instructed not to enter into an alliance merely 
political, or for the purpose of uniting the destinies of the 
United States with those of the republics in the south ; 
but he believed it might be of great benefit to the nation 
to have delegates present at the intended meeting, if they 
did not take so full and decided a part in the proceedings 
as those who had invited them should desire, nor give any 
pledges of an alliance of any sort. The House of Represen- 
tatives called for further statements from the President, as 
to the views of those who proposed the Congress of Pan- 
ama, and invited the United States to take part in the meet- 

* It was supposed to be first suggested by General Bolivar, some time at 
the head of the republic of Colombia; and that Peru and Chili should also 
join ia it. The views of Bolivar were to form a close alliance, and to pledge 
mutual assistance to resist European aggressions. 



316 FEDERAL GOVERNMENT. [1826 

ing ; and also as to his views respecting the powers and 
instructions he should give to such delegates, if they were 
commissioned. So far as the views of the President were 
expressed in his public message, they were not liable to 
exception, but were just and prudent ; nor did it appear 
that he was more disposed to assent, or to establish any 
connection with the new republics in the south, than his 
predecessor had been. 

The committee of the Senate, which had the subject un- 
der consideration several weeks, reported, in March, that it 
was inexpedient to send Envoys from the United States to 
the proposed Congress. But the report was not accepted ; 
there being only nineteen votes in favor of the report, and 
twenty-four against it. And the nomination of two persons, 
as delegates to the meeting at Panama, was then confirmed 
by a similar majority of the Senate. One of them, Mr. 
Sargent of Pennsylvania, afterwards proceeded on the mis- 
sion ; but the Congress wasnotholden as had been proposed. 
Perhaps it was fortunate for the character and weH'are of 
the United States, that it failed. It would have jeoparded 
the peace of the nation, and have also been a deviation from 
the settled policy of the government to form a confederacy 
of any sort with the Mexican and South American repub- 
lics ; commercial objects could be sufficiently promoted by 
separate treaties with each. And having accepted the invi- 
tation to attend the Congress, and commissioned agents to 
be present, the United States seemed to give a pledge to 
take part in the designs of the confederacy; and a refusal 
then to unite in the general objects of the Convention would 
have given offence, and produced future difficulties. It was 
evidently the desire of those who invited the United States 
government to send deputies to the Congress of Panama, 
that it should unite effectually with the new republics in 
the south, for political purposes,* even to a forcible re- 
sistance to any efforts by European governments to estab- 
lish their former power over those provinces. But to this 
the people of the United States were strongly opposed ; and 
therefore generally disapproved of the federal government 
taking any part in the projects or deliberations of that con- 
vention. 

The motives of the executive were admitted to be laud- 
able and patriotic ; and his ready acceptance of the invita- 
tion to have delegates from the United States in the pro- 

* A treaty of amity and commerce was made with Colombia, in October, 
1824 ; and with Central America, in December, 1825. 



1826] ADAMS. 317 

posed Congress, was proof of his desire to favor and support 
the great cause of civil liberty ; but the conduct of the Presi- 
dent was not approved, in declaring that delegates should 
attend, without having the express sanction of Congress, or 
the previous opinion of the Senate in favor of the measure. 
It was said, that the President had exceeded his constitu- 
tional power, by promising to send delegates to the proposed 
Congress, without knowing the views of the Senate, the 
co-ordinate branch of government, possessed of authority to 
form treaties. And that, as^ the powers of the delegates to 
such a body as the Congress of Panama was understood to 
be, would far exceed those of common Envoys, and might 
lead to most important and extensive results, affecting the 
future destiny of the United States, a solemn act of the na- 
tional legislature would be necessary to justify the measure. 
An objection was also made to the measure, from the con- 
sideration that the question of slavery was to be discussed 
in the Congress proposed. This objection was urged by 
members of the Senate from some of the slave holding States, 
who believed that principles might be recognized on the sub- 
ject, and plans concerted, which would interfere with the con- 
tinuance of slavery in any part of the United States ; which 
would be contrary to the spirit of the federal Constitution, 
and produce incalculable evils in the southern parts of the 
Union. 

Had the declarations of the President, contained in his 
message relating to this subject, been carefully and can- 
didly considered by the members of Congress, there prob- 
ably would have been less censure expressed as to his 
conduct. Whether the measure was a wise one, was in- 
deed a question of very great importance, and required ma- 
ture deliberation, as it might be followed by results injuri- 
ous to the welfare of the United States. And it was, there- 
fore, a proper subject of consideration with Congress, 
whether delegates should be sent to the Convention at 
Panama. But an opinion diiferent from that given by the 
President, might have justly been expressed by members of 
Congress, without impeaching the judgment or the motives 
of the executive. That the President proposed no more 
than to employ Envoys to attend the meeting at Panama, 
where the republics of Mexico, Central America, (Guati- 
mala,) Colombia, Peru, and Chili, would be represented, 
will appear from a reference to his message to Congress on 
the subject. " With regard to the objects in which the 
agents of the United States are expected to take part in the 
deliberations of that Congress, [at Panama,] I deem it 



318 FEDERAL GOVERNMENT. [1826 

proper to premise, that these objects* did not form the only 
nor even tlie principal motive for my acceptance of the in- 
vitation. My lirst and greatest inducement was, to meet in 
the spirit of kindness and friendship, an overture made in 
that spirit by three sister repnblics of this hemisphere. 

" Among the topics ennmerated, as intended to be pre- 
sented for discussion at Panama, there is scarcely one in 
which the result of the meeting will not deeply affect the 
interests of the United States. Even those in which the 
belligerent States alone will take an active part, will have 
a powerful effect upon the state of our relations with the 
American, and probably with the principal European States. 
Were it merely that we might be correctly and speedily 
informed of the proceedings of the Congress, and of the 
progress and issue of their negotiations, I should hold it 
advisable that we should have an accredited agency with 
them, placed in such confidential relations with the other 
members, as would ensure the authenticity, and the safe 
and early transmission of its reports. Of the same enumer- 
ated topics are the preparation of a manifesto, setting forth 
to the world the justice of their cause, and the relations 
they desire to hold with other Christian powers ; and to 
form a convention of navigation and commerce, applicable 
both to the confederated States and to their allies. Most 
of the new American republics have declared their assent 
to the doctrine, that no European power has a right to es- 
tablish future colonies in either continent of America ; and 
they now propose, among the subjects of consultation at 
Panama, to take into consideration the means of making 
effectual the assertion of that principle, as well as the 
means of resisting interference from abroad with the do- 
mestic concerns of the American governments. 

" In alluding to these means, it would obviously be pre- 
mature at this time, to anticipate that which is offered 
merely as matter for consultation : or to pronounce upon 
those measures which have been or may be suggested. 
The purpose of this government is to concur in none which 
would import hostihty to Europe, or justly excite resent- 
ment in any of her States. Should it be deemed advisable 
to contract any conventional agreement on this topic, our 

* So far as stated by the authorities of Colombia, which gave the invitation, the 
objects were political as well as commercial ; and had in view an alliance for 
the defence of republican principles and institutions, in opposition to any inter- 
ference from European governments. But there was some vagueness in the 
language of the paper containing the invitation ; and this was one objection 
to sending any agents to Panama. 



1S26] ADAMS. 319 

views would extend no further than to a mutual pledge of 
the parties to the compact, to maintain the principle, in 
application to its own territory, and to permit no colonial 
lodgments, or estabHshment of European jurisdiction upon 
its own soil — and with respect to the obtrusive interference 
from abroad, if its future character may be inferred from 
that which has been, and perhaps still is exercised in more 
than one of the new States, a joint declaration of its char- 
acter, and exposure of it to the world, may be probably all 
that the occasion would require. And whether the United 
States should or should not be a party to such a declara- 
tion, may justly form a part of the deliberation. 

" That there is an evil to be remedied, needs little in- 
sight into the secret history of late years, to know, and 
that this remedy may be best concerted at the Panama 
meeting, deserves at least the experiment of consideration. 
A concert of measures, having reference to the more ef- 
fectual abolition of the African slave trade, and the consid- 
eration of the light in which the political condition of the 
island of Hayti is to be regarded, are also among the sub- 
jects mentioned by the minister from the republic of Colom- 
bia, as suitable for deliberation at the proposed Congress. 

" And lastly, the Congress of Panama is believed to 
present a fair occasion for urging upon all the new States 
of the south, the just and liberal principles of religious lib- 
erty ; not by any interference whatever in their internal 
concerns, but by claiming for our citizens, whose occupa- 
tions or interests may call them to occasional residence in 
their territories, the inestimable privilege of worshipping 
their Creator according to the dictates of their own con- 
sciences.* 

" Under all these circumstances, the government of the 
United States, far from consulting the dictates of a policy 
questionable in its morality, yielded to an obligation of 
duty of the highest order, by recognizing as independent 
States, nations, which after deliberately asserting their 
rights to that character, have maintained and established 
it against all the resistance, which had been or could be 
brought to oppose it. This recognition is neither intended 
to invalidate any right of Spain, nor to affect the employ- 
ment of any means, which she may yet be disposed or en- 

* While this declaration was deemed highly honorable to the President, as 
a man and a Christian, it was considered by some individuals to be improper 
in his official station, as chief magistrate of a political government, which had 
no authority in religious concerns ; and as delegates of the United States 
would attend, if they attended at all, chiefly for commercial purposes. 



320 FEDERAL GOVERNMENT. [1826 

abled to use, with the view of reuniting those provinces to 
the rest of her dominions. It is the mere acknowledgment 
of existing facts, with a view to the regular establishment, 
with the nations newly formed, of those relations, political 
and commercial, which it is the moral obligation of civil- 
ized and Christian nations to entertain reciprocally with 
one another. 

" I can scarcely deem it otherwise than superfluous to 
observe, that the assembly will be, in its nature, diplomatic, 
and not legislative : that nothing can be transacted there 
obligatory upon any one of the States to be represented at 
the meeting, unless with the express concurrence of its 
own representatives; nor even then, but subject to the rati- 
fication of its constitutional authority at home : the faith 
of the United States to foreign powers cannot otherwise be 
pledged. I shall, indeed, in the first instance, consider the 
assembly merely as consultative : and although the pleni- 
potentiaries of the United States will be empowered to re- 
ceive, and refer to the consideration of their government, 
any proposition from the other parties in the meeting, they 
will be authorized to conclude nothing, unless subject to 
the definitive sanction of this government, in all its consti- 
tutional forms. It has therefore seemed to me unnecessary 
to iuvsist, that every object to be discussed at the meeting, 
should be specified with the precision of a judicial sentence, 
or enumerated with the exactness of a mathematical 
demonstration." * 

* Very elaborate speeches were made in Congress, wliile this subject was 
under consideration. In favor of having delegates from the United States in 
the proposed meeting at Panama, were Webster and Everett of Massachusetts, 
Verplanck of New York, McLane of Delaware ; and opposed to it, Barbour, 
Rives and Archer of Virginia, Hamilton and McDuffee of South Carolina, and 
Forsyth of Georgia. In the course of the debate, various amendments were 
proposed to the resolution, the most material was one offered by McLane of 
Delaware, to this effect — that no promise or pledge be given by the delegates, 
by which the United States would be bound to take part in any disputes be- 
tween the South American States and Spain ; or to enter into any political 
alliance. The amendment was opposed, as it was believed to interfere with 
the prerogative of the executive. 

The following remarks on the message of the President to Congress — in 
which he stated his views, at great length, respecting the proposed meeting, at 
Panama, of delegates from the United States, Mexico, and the republics of 
Central South America — appeared in a London paper of April following : 

"A more important state paper has rarely been submitted to public con- 
sideration. It announces, with great distinctness, the policy intended to be 
pursued by the United States, in their intercourse with the new nations of 
America : and its tone, (with some slight exceptions,) is sufficiently calm and 
moderate. Our only doubt is, whether the actuating spirit of the whole, be 
not a larger ambition than perhaps the President would, even to himself, be 
disposed to own. 



1826] ADAMS. 321 

Much of the time of Congress, daring the months of Jan- 
uary, Fehruary, and March, of this session, (1826,) was 
occupied in discussing propositions to aher the Constitution, 
relating to the election of President, with a view to prevent 
a choice by the House of Representatives, and to provide 
for the election, by agents of the people in the several 
States, chosen for that express purpose. The propositions 
offered on this subject, contemplated a second trial by the 

" We have always found a great awkwaidness and difficulty in speaking of 
the United States as a nation, for want of one simple and expressive term by 
which to designate them. Now that America is divided into several indepen- 
dent sovereignties, it becomes absurd to call any one of them the American 
government. The people of the United States are now, for the first time, 
surrounded by communities just rising into political existence ; each of which 
is far inferior to them, in population, wealth, in military and naval force, in 
science, in experience, in all the elements of power, physical and moral. 
These nations must of course form a system of international communion with 
each other ; and of that system, the United States evidently wish to place 
themselves at the head. We do not say, that the desire of influence thus 
evinced is unnatural ; nor do we assert that it is absolutely impolitic ; but it 
does appear to us to demand the vigilance of other great powers ; and more 
especially of the greatest power at present existing, our own. It is perhaps 
a flattering reflection to those 

' Who sppiik the tongue 
Tliat Shakspoare spoko, tlie faith and morals bold 
Which Milton hold,' 

to consider, that, in each hemisphere, the nation manifestly outshining all 
the others, is British, in birth, and language, and spirit. If the continent of 
America, with its dependent islands, could be wholly separated, in views and 
interests, from the other quarters of the globe, we should feel a just national 
pride, that the sons of our ancestors held, in those remote regions, the balance 
of power, and guided the march of civilization. Perhaps some such political 
vision may have crossed the mind of Mr. Adams ; for he says, ' America has 
a set of primary interests, which h;ive none or a remote relation to Europe, 
and therefore the interference of Europe in those concerns should be sponta- 
neously withheld.' To this doctrine, we cannot entirely subscribe. We ad- 
mit, that there are many modes, in which the European powers ought not to 
interfere. For instance, the members of the Holy Alliance should not pretend 
to dictate to the ex-colonies of Spain any terms of concession, much less of 
submission, to the mother country : but it is by no means so clear to us, that 
there are not many primary interests of the American nations, with which it 
would be no less just or politic in us, than in the people of the United States, 
to interfere : and, at all events, we should have an undoubted right to oppose 
the interference of any pov/er whatever, if it were pushed so far as to conflict 
with our own welfare. 

" The President says, ' the first principle which will guide the United States, 
in their intercourse with the new nations, is disinterestedness.' This is, no 
doubt, highly laudable in intention, and we have only to hope that it will be 
constantly followed in practice. The next principle is, good will, which we 
see no reason to question. The third, and rather more tangible principle, is 
reciprocity. These are all the principles which Mr. Adams enumerates ; but 
it appears to us, we confess, that the objects, which he afterwards states, as 
likely to come into discussion at Panama, do not lie within quite so narrow a 
circle." 

41 



322 FEDERAL GOVERNMENT. [1826 

people, or their immediate agents, when there should be no 
choice at the first time of voting. The desire to alter the 
Constitution in this respect, was the more general and the 
more earnest, as the then late election of President had de- 
volved on the House of Representatives, in consequence of 
there being no choice by the electoral colleges in the several 
States. It was urged, that in the event of an election of 
President, by the Representatives, there would be an oc- 
casion for undue influence, and for intrigue ; and it was 
even pretended, that such influence and intrigue had been 
exerted in the recent election of the chief magistrate of the 
Union. There was no evidence of such influence, nor was 
it even rendered probable that any corrupt measures had 
been pursued in making the election. But the political 
enemies of the President seized upon the occasion, to ren- 
der him unpopular, and to press an alteration of the Con- 
stitution, for the purpose of preventing an election by the 
House of Representatives at any future period. The prop- 
ositions were various, as to the mode of securing an elec- 
tion by the people, by the several States, and no specific 
amendment was agreed upon by the requisite majority, to 
be offered to the people. Many members of Congress were 
opposed to all the propositions presented for an alteration 
of the Constitution ; believing that the mode pointed out 
was attended with as little difficulty or danger as any 
which had been or could be proposed.* 

The question of a general bankrupt law was again dis- 
cussed during this session of Congress, and there was a 
prospect, at one period, that a law would have been passed 
on the subject. Some of the ablest men then in the national 
legislature were advocates for such a law, in the belief that 
it would prove highly beneficial to the merchants and 
other traders, while it could not operate injuriously to any 
other classes in the community. The opinion of the ma- 
jority was favorable to an extension of the provisions and 
benefits of the bill to other classes of citizens, and difl^erent 
views were expressed with reference to some of the details, 
and no law was matured on the subject. 

The power of Congress to appropriate the public funds 
for internal improvements, especially for roads, the util- 
ity of which were necessarily limited to a part of the 



* Mr. Everett of Massachusetts, opposed the proposition with great ability 
and eloquence ; and contended that tlie will of the people was as sure to be 
followed in the present manner of electing the President, as by any method 
which was proposed. 



1826] ADAMS. 323 

nation, was under consideration again with the federal 
legislature, at this time. The question arose on a propo- 
sition to expend a further sum for repairing and extending 
the Cumberland road. This road was considered of great 
national advantage and convenience ; as it furnished a 
commodious way from the Atlantic settlements to the Ohio 
river, and to the extensive and populous country in the 
valley of the Mississippi, west of the Alleghany mountains. 
Some members favored this project, who were opposed to 
internal improvements generally, by Congress, on the prin- 
ciple, that the Constitution gave no power for the purpose. 
On several occasions, when the subject was presented, 
Congress was nearly equally divided. But after the road 
" was opened and made, it was considered proper, by those 
who usually voted against internal improvements, that the 
Cumberland road should be repaired, and put in a good 
condition for travel ; and that it was as proper to extend it 
still farther west, as to have made it to the Ohio river. 

President Madison and President Monroe had been op- 
posed to internal improvements by Congress, except for 
national objects of evident necessity, or great importance. 
In March, 1806, when Mr. Jefferson was President, an act 
was passed for making a road from Cumberland, in the 
State of Maryland, or near that place, and on the north 
bank of the Potomac river, to the river Ohio. Afterwards, 
and at diflerent periods, money was appropriated to finish 
and repair the road. It was now brought forward in the 
general appropriation bill, an item of which was eighty 
thousand dollars for repairs of this road, and also for its 
continuance farther west. The appropriation was opposed 
by those who doubted the authority of Congress to expend 
money for such objects ; while others, who were reluctant 
in voting money for internal improvements on general prin- 
ciples, were in favor of the appropriation in this case, as it 
would be of great public convenience ; and as the road, to 
be useful at all, imperiously required repairs. In 1820, 
Congress also authorized the President to cause a road to 
be laid out from the river Ohio to the Mississippi, which 
was to be a continuation of the Cumberland road. 

The vote, at this time, for an appropriation to repair the 
Cumberland road, indicated the views of members of Con- 
gress on the subject of internal improvements ; for it was 
long discussed, and several members went fully into the 
constitutionality of this and similar measures. In the 
Senate, the votes given, were twenty-three in favor and 
fifteen against the appropriation. And in the House of 



324 FEDERAL GOVERNMENT. [1826 

Representatives, they were ninety-two to sixty-three. And 
at the same session, Congress authorized the executive to 
subscribe on behalf of the government for shares in the 
Dismal Swamp canal, so called, within the State of Vir- 
ginia, to the amount of sixty thousand dollars ; which was 
a direct recognition of the power of Congress to construct 
works for the public convenience. An act was also passed 
for a survey in Florida, with a view to construct a canal 
across the peninsula, from the Atlantic to the Gulf of 
Mexico. 

At this session, a bill was reported by the committee on 
the Judiciary, providing for the appointment of two ad- 
ditional Justices of the Supreme Court of the United 
States ; and for holding Circuit Courts in the western parts 
of the Union, in more places than was required by the 
former laws of Congress. The population had greatly in- 
creased in that section of the country, and the public 
business called for a larger number of Judges, and for 
additional places of holding the federal courts. But a 
disagreement arose between the Senate and the House of 
Representatives, respecting the extent of the respective 
circuits proposed to be formed, and no law was passed on 
the subject. The conduct of the Senate in this atiair, was 
very singular, and gave occasion to some severity of re- 
mark. The joint committee of the Senate and House of 
Representatives had agreed to the provisions of the bill re- 
ported, but the former subsequently made an alteration of 
incommodious practical effect, by proposing new circuits, 
of unequal territory or population; and, with great per- 
tinacity, adhered to the changes they proposed in the 
original bill, when desired by the House to have a com- 
mittee of conference, as is usual in all similar cases. The 
majority for the original bill, in the House, was very large; 
for it was so formed as evidently to consult the public 
convenience; and no reason was given by the Senate to 
justify the course pursued in that branch of the legislature. 
Whether it were owing to party views, or to a spirit of 
mere'caprice, was uncertain and conjectural. 

A law was passed during this session of the national 
legislature, directing the appropriation of land, for the sup- 
port of schools in all the townships and parts of townships 
belonging to the United States, where lots had not been 
previously set apart for that object. There was an act of 
Congress, of a former date, granting a lot of land for schools 
or academies, in surveying townships on the public do- 
mains. It was now required, that similar appropriations 



1S26] ADAMS. 325 

be made in fractional parts of townships ; and no one 
doubted the right of Congress to make such appropriations. 
But those disposed to a strict construction of the Constitu- 
tion might have said, that all the public lands should be 
sold for the benefit of the public treasury, and none granted 
for schools or roads. 

This was a protracted and arduous session ; and several 
important subjects were under consideration, other than 
those already noticed, on which there was no mature 
action. A bill for an allowance to the officers and soldiers 
of the continental army, in the Revolution, who enlisted 
for the term of the war, and served to the close, and to 
whom half pay for life, or a bounty, had been promised 
by Congress, in 1780 and 1781, was proposed, and ably 
urged, by Hemphill of Pennsylvania, Webster of Massa- 
chusetts, Drayton of South Carolina, and others ; but it 
did not receive the sanction of the majority. Objections of 
different kinds were offered to the proposition, and no bill 
was formed, which, in all its details and provisions, could 
obtain the approbation of Congress; and yet there was 
evidently a sentiment prevailing among the members favor- 
able to an allowance of some sort ; and that as a matter of 
justice and equity, as well as of generosity and gratitude. 

The claim of the State of Massachusetts for services of 
the militia, in 1812 — 1814, during the war with Great 
Britain, was a subject of debate for several days. The 
principal objection to an allowance of the claim was, that 
the militia were called out by the authority of the State, 
and not in compliance with requisitions by the President or 
officers of the United States. It was not denied, that the 
service was performed, and that they were only called into 
the field when the danger of invasion existed, and their aid 
for defence was needed. But, as the militia were not in all 
cases ordered out and placed when and where the United 
States officers proposed, it was contended there was no just 
demand on the general government for reimbursement of 
the expenses incurred. On the other hand, it was stated, 
that the early calls for the militia, were not such as to make 
it constitutionally imperative on the governor of the Slate, 
to place them under the control of the officers of the United 
States ; and that in all instances, in which they were in the 
field and under pay, there was a necessity for their services 
to defend the towns on the seaboard, and to repel invasion. 
Congress was adjourned before any decision took place on 
the question ; but at a subsequent session, a great part of 
the claim was allowed, after full proof that the services of 



326 FEDERAL GOVERNMENT. |'1826 

the militia of that State were necessary for the defence of 
the country. 

A bill for a uniform system of bankruptcy in the United 
States, was long debated in both branches of the legislature 
at this session ; and some of the ablest men in Congress 
advocated it. But after various objections and several prop- 
ositions to alter the original bill, it was postponed in the 
Senate, greatly to the regret of the trading and mercantile 
part of the nation. In all commercial countries, bankrupt 
laws have operated to the relief and benefit of the unfortu- 
nate ; and secured to all creditors an equal advantage ;* 
which cannot otherwise be effected. There must have been 
some unjust prejudices in the minds of the opponents of 
such a law ; or some misapprehension as to its operation and 
effect. For it is the only remedy yet found in trading com- 
munities, for the misfortunes of honest men. The creditor 
is not kept out of his demands by the law; for without it, 
he may receive nothing ; with it, he is certain of his share 
in what estate the bankrupt possesses. 

Authority was given at this time for preparing a treatise, 
at the expense of the federal government, on the culture off 
the silk worm and of mulberry trees ; and for giving infor- 
mation on the manufacture of silk in the United States. — 
The importation of silk goods amounted to more than seven 
millions of dollars in 1824; and in 1825, to ten millions; 
about two millions were exported. In 1821, the amount of 
this article imported was not more than half that of 1825. f 

The message of the President to Congress, in December, 
1826, at the commencement of the session, was a full and 
faithful statement of public measures, and of the political 
condition of the United States, at that period. It was highly 
creditable to his ability as a statesman, and his fidelity as a 
patriot. The members of Congress and the people could 
not fail to learn from it the true state of the nation, as to 
its connection with foreign governments, or its internal af- 
fairs. In a domestic view, the federal republic was tran- 
quil and prosperous : and with all other countries, it was 

* Forty-five millions of the public debt had now been paid, since 1817 — in 
about eight years, besides other great but necessary expenses : seventy-nine 
millions remained unpaid, which it was supposed might be cancelled in ten 
years. Large sums were expended yearly for support of the army and navy, 
for fortifications, surveys of public lands; and for Indian purchases, which were 
extensively made from 1822 to 1825. 

t It was stated at this time, that in 1774 and 1775, in Georgia, the culture 
of the mulberry tree and the silk worm had been much attended to; and that 
20,000 lbs. of cocoons were sent to England from that colony. 



1826] ADAMS. 327 

on terms of a friendly understanding ; though some subjects 
were still pending for discussion and settlement between 
them. The federal government then had treaties with all 
the nations of Europe ; and nothing had occurred to indi- 
cate any unfriendly collisions. There were indeed differences 
of opinion on commercial subjects ; but efforts were assid- 
uously made to have them adjusted on terms favorable to 
the United States. Most of the continental nations of Eu- 
rope had agreed to commercial intercourse with the United 
States on principles of a fair reciprocity. On several of 
them, the American citizens had demands for spoliations 
during the years of 1812 — 1815, and for some years pre- 
viously to that period. These had been repeatedly pressed 
on those governments, but without success. The claims 
were not abandoned by President Adams ; but, in several 
cases, under his able administration, they were admitted 
and allowed. With the French government, there was a 
good understanding ; and in concluding a commercial treaty, 
it was liberal and friendly towards the United States; but 
it was very reluctant in yielding to the claims for depreda- 
tions on the property of American citizens by the govern- 
ment of that nation in former years. Of the friendly dis- 
position of the Russian Emperor towards the United States, 
the President spoke very emphatically : and referred to the 
character of the Emperor Alexander, then recently deceased^ 
in terms of high commendation. 

The commercial relations between the United States and 
Great Britain were far from being satisfactory to the gov- 
ernment of the former. England had long discovered a 
selfish or monopolizing spirit on the subject of trade and 
navigation Avith America : and various attempts had been 
made by former administrations of the federal government, 
to place the commerce of the United States, with that nation, 
on " a more favorable basis, and to enjoy a real and just re- 
ciprocity of privileges and benefits." The trade with places 
within the kingdom of Great Britain was almost entirely 
unexceptionable ; but the British colonial ports were shut 
against trade with the United States in American vessels • 
or was so burthened with duties as to be wholly unprofitable. 
Countervailing duties had been imposed by the government 
of the United States ; but their operation did not secure the 
benefits desired ; nor remove the disadvantages to the Amer- 
ican merchants arising from British restrictions and regu- 
lations. President Adams early sent Mr. King* of New 

* In speaking of this appointment, the President said, " one of our most 
distinguished citizens has been despatched. ' ' And this commendation was 



328 FEDERAL GOVERNMENT. [1826 

York to the British court, with a view to regulate the com- 
merce between the two nations on more favorable terms 
than it then was, or before had been. Unfortunately, the 
state of this minister's health did not admit of his immediate 
attention to the subject. The same exclusive, unconciliating 
spirit was also manifested by the British administration at 
this time; for just before the American minister arrived in 
England, an order of the British council was issued, ex- 
cluding the vessels of the United States — after the first of 
December — from all their colonial ports, excepting those 
immediately bordering on the territory of the Union. When 
the minister expostulated on this measure, so unexpected, 
he was informed, " that, according to the ancient maxims 
of policy of European nations, the trade of their colonies 
was an exclusive possession of the mother country : and 
that all participation in it by other nations was a boon or 
favor, not forming a subject of negotiation, but to be regu- 
lated by legislative acts." The British government thus 
abruptly declined all discussion respecting tlie trade between 
their colonies and the United States : and this measure was 
the more surprising, in that the only reason given for resort- 
ing to it at this time, when a special mission was instituted 
to adjust the embarrassments attending the colonial trade, 
was because the United States had not promptly and ex- 
pressly accepted the terms offered by an act of the British 
Parliament of July, 1825. In this respect, the government 
of England discovered a less friendly, or accommodating 
spirit towards the United States, than towards other nations. 
The principal difficulty arose from the policy of the British 
government, in excluding American vessels from their col- 
onial ports, to secure all the advantages of the trade to their 
own subjects and in their own vessels. To obtain a proper 
portion of the carrying trade with the British colonies for 
citizens of the United States, had been the constant aim of 
the federal government, from its first establishment; but 
fair and liberal terms were never consented to by the ad- 
ministration of Great Britain. President Adams was as 
unremitting in his etForts to accomplish the object as any 
of his predecessors had ever been.* 

justly due to Mr. King. A man of more influence with the British court could 
not probably have been selected in the whole country : and he had also uni- 
formly asserted and defended the commercial rights of the United States. And 
Mr. Adams, in all his previous public stations, had invariably insisted on a fair 
reciprocity, in the regulations of trade and navigation with Great Britain and 
her colonies. 

* By an act of the British Parliament, the trade with their American colonial 
ports was opened to other nations on more favorable terms than had formerly 



1S26] ADAMS. 329 

The view of the finances of the United States, presented 
by the President, at this time, was highly favorable : though 
the revenue derived from imports was not altogether of so 
large an amount as for the preceding year. A severe shock 
had been experienced by the manufacturing and commercial 
interests of Great Britain, which had affected the revenue 
of the United States, as the importations from England 
were thereby reduced from those of 1825.* But this dim- 
inution, in the opinion of the President, was to be attributed 
in part to the flourishing condition of domestic manufactures, 
and was therefore compensated by an equivalent even more 
important to the nation. This small deficiency in the rev- 
enue had not interrupted the payment of the usual portion 
of the public debt, in conformity to the system of annual 
reduction established by Congress ; being eleven millions of 
dollars, besides the interest on the whole, amounting to six 
millions ; and leaving five millions and a half in the 
treasury at the close of the year. The receipts of the year 
were estimated at twenty-five millions and a half; and the 
public expenditures, of every description, did not amount to 
that sum by one and a half million. Within the period of 
ten 3^ears, the annual revenue had not been equal on two 
occasions to the necessary expenditures of the government, 
and a resort had been had to loans. But at this time, it was 
sufficient, after defraying all current expenses, to discharge 
the usual amount of the national debt, as well as to pay 
large sums due for interest. This judicious system was 
matured under the administration of Mr. Monroe ;f but Mr. 
Adams observed and confirmed it ; and strongly urged a per- 
severance in this prudent and economical course, that the 
debt of the nation might be gradually reduced, and wholly 

been permitted, but it was required, that such nations as were desirous of en- 
gaging in the trade, should, by a formal act within a specified period, agree to 
the terms proposed. The United States government did not declare its consent 
and agreement to the act of Parliament within the time mentioned; and when 
Mr. King, and after him Mr. Gallatin were authorized to negotiate on the 
subject, the British ministry declined; alleging, that it was a matter for legis- 
lative regulation. This determination was wholly unexpected, and served to 
protract the difficulty and embarrassments of trade to ports in the West Indies, 
which was formerly pursued with great profit by citizens of the United States. 

* Pitkin states the whole amount of imports to be, in 1825, ninety-six mil- 
lions of dollars, and in 1826, eighty-four millions and nine-hundred thousand 
dollars; of which sum, in 1825, thirty-six millions seven hundred a^d ten 
thousand dollars was from Great Britain; and in 1826, twenty-six millions 
and one hundred thousand dollars. 

t Mr. Lowndes, of South Carolina, proposed and advocated this provident 
plan. 

42 



330 FEDERAL GOVERNMENT. [1826 

extinguished within the period before contemplated. He 
was in favor of internal improvements, and of a gradual 
increase of the navy ; yet he considered it highly important, 
that the public debt should be constantly diminished, and 
the strictest economy practiced in the expenses of the gov- 
ernment. In referring to the state of the army and navy, the 
President said, the former was well disciplined and well gov- 
erned ; that although small, it was sufficient for all neces- 
sary purposes of the government, and as the germ of an 
efficient national force in any unforeseen exigency : while 
employment was found for the officers and soldiers com- 
posing it, in building and repairing fortifications, and in pro- 
tecting the inhabitants on the frontiers. The navy, he 
recommended to the attention of Congress, and expressed 
an opinion in favor of its gradual increase, agreeable to a 
system adopted during the administration of his predecessor. 
The voice of the country, he observed, was for its support, 
as the most proper and only safe means of defence, by force, 
in our government ; especially as it was an efficient pro- 
tection to commerce and navigation, so essential to the 
prosperity of the United States. 

" The gradual increase of the navy," said the President, 
"was the principle, of which the act of April, 1816, was 
the first development. It was the introduction of a sys- 
tem, to act upon tlie character and history of our country, 
for an indefinite series of ages. It was a declaration of 
Congress, at that time, to their constituents and to pos- 
terity, that it was the destiny and the duty of these con- 
federated States to become, in regular process of time, and 
by no petty advances, a great naval power.* That which 
they then proposed to accomplish in eight years, is rather 
to be considered as the measure of their means, than the 
limitation of their design. They looked forward for a 
term of years sufficient to the accomplishment of a definite 
portion of their purpose ; and they left it to their succes- 
sors to fill up the canvass, of which they had traced the 
large and prophetic outline. The ships of the line and the 
frigates, which they had in contemplation, will be shortly 
completed. The time which they allotted for the accom- 
plishment of the work has more than elapsed. It remains 
for your consideration how their successors may contribute 

* This act provided for the building of nine ships of war, of seventy-four 
guns each, and twelve of forty-four guns each: and appropriated a million of 
dollars annually, for eight years, for that purpose. Congress did not manifest 
an opinion so strongly favorable to the increase of the navy as the President 
expressed in his message. 



1826] ADAMS. 331 

their portion of toil and treasure, for the benefit of the suc- 
ceeding age, in the gradual increase of the navy." 

It appeared by the message of the President, on this oc- 
casion, that nearly a million and a half of dollars were 
required to pay the pensions, previously allowed by Con- 
gress, to the survivors of the soldiers of the Revolution : but, 
in his estimation, the appropriation was alike honorable and 
just.* 

The subjects mentioned by the President in his message, 
and recommended to the notice of Congress, engaged their 
early attention ; and were discussed in each branch of the 
legislature during the session ; but as it was closed the 
third of March, there was not sufficient time for maturing 
laws to carry into effect all the measures which he pro- 
posed. But few laws, of a very important or general 
character, were passed at this time, though others were 
urged with great ability and zeal by several members. 
There was, at this period, a very strong feeling in Congress, 
as to the theory and views of the executive ; and with 
many a disposition to scrutinize, more closely than com- 
mon, the recommendations of the President. Some sup- 
posed his objects were visionary or would be needless, and 
would draw after them great expenses : and he was also 

* This very able state paper concluded as follows: — *^ I trust that it will 
not be deemed inappropriate to the occasion and purposes on which you are 
assembled, to indulge a momentary retrospect, combining in a single glance, 
the period of our origin, as a national confederation with that of our present 
existence, at the precise interval of half a century from each other. Since 
your last meeting at this place, the fiftieth anniversary of the day when our 
Independence was declared, has been celebrated throughout the land: and on 
that day, when every heart was bounding with joy, and every voice was tuned 
to gratulation, amid the blessings of freedom and independence, which the 
sires of a former age had handed down to their children, two of the principal 
actors in that solemn scene, the hand which penned the ever-memorable de- 
claration, and the voice that sustained it in debate, were, by one summons, at 
the distance of seven hundred miles from each other, called before the Judge 
of all, to account for the deeds done upon earth. The departed, were cheered 
by the benedictions of their country, to which they left the inheritance of their 
fame and the memory of their bright example. If we turn our thoughts to the 
condition of their country, in the contrast of the first and last day of that half 
century, how resplendent and sublime is the transition from gloom to glory! 
Then glancing through the same lapse of time, in the condition of the individ- 
uals, we see the first day marked with the fullness and vigor of youth, in the 
pledge of their lives, their fortunes, and their sacred honor, to the cause of free- 
dom and of mankind: and on the last, extended on the bed of death, with sense 
and sensibility left to breathe a last aspiration to Heaven of blessing upon their 
country: may we not humbly hope that to them, too, it was a pledge of transi- 
tion from gloom to glory; and that, while their mortal vestments were sinking 
into the clods of the valley, their emancipated spirits were ascending to the bo-( 
soni of their God." 



332 FEDERAL GOVERNMENT. [1826 

charged with entertaining such views of the Constitution, 
as that very extensive and internal improvements might 
justly be made, though there might be large expenditures 
in the execution. And the majority, at that period, were 
opposed to expenditures for sucli objects, except they were 
most plainly necessary for the public defence and safety. 
The political friends and opponents of the administration, 
were thus very equally divided. 

While the national legislature was in session, at this 
time, intelligence was received from the Envoy at the 
Court of London, that a Convention had been concluded, 
in November, between the United States and Great Britain. 
This Convention did not relate to commercial intercourse 
between the two countries;* for it has been seen that the 
British ministry had declined entering into any negotia- 

* The following articles, proposed by the President, will show his views of 
a proper commercial Convention with Great Britain — " Whereas, by the trade 
as it now exists under the respective laws and regulations of the two nations, 
between certain ports of the British colonies in America and the West Indies, 
and the ports of the United States, discriminating duties and charges are recipro- 
cally imposed and levied on the vessels and cargoes of each nation in the ports 
of the other; and as it is the desire of the parties, for the reciprocal advantage of 
their citizens and subjects, to abolish all such discriminating duties and charges; 
it is agreed, that upon the vessels of the United States, admitted by law 
into all and every one of his Britannic Majesty's colonial ports, and upon any 
goods, wares, or merchandize lawfully imported therein, in the said vessels, no 
other or higher duties of tonnage or impost, and no other charges of any kind 
shall be levied or exacted, than upon British vessels, including all vessels of 
the colonies themselves, or upon the like goods, wares, or merchandize im- 
ported into the said colonial ports from any other port or place whatever, in- 
cluding Great Britain and the colonial ports themselves: and that upon the 
vessels of Great Britain admitted by law into all and every one of the ports of 
the United States, and upon any goods, wares, and merchandize lawfully im- 
ported therein, in the said vessels, no other or higher duties on tonnage or 
impost, and no other charge of any kind shall be levied or exacted, than upon 
vessels of each and every one of the said States, or upon the like goods, wares, 
or merchandize imported into the United States from any other port or place 
whatever." 

" For the more perfect fulfilment of the intention of the high contracting 
parties, as expressed in the foregoing article, it is agreed, that the trade to 
which it has reference, shall continue on the footing on which it now stands 
by the laws and regulations of the two countries respectively; with the ex- 
ception of the removal, by Great Britain, of the duties specified in an act of 
Parliament, June, 1822, — and of those specified in an act of Parliament, Au- 
gust, 1822, — and of the removal, by the United States, of all additional duties 
of tonnage, in the light of foreign tonnage duty, and of all additional duties of 
impost, in the light of foreign impost, existing against British vessels and 
merchandize coming to the United States from any of the said colonial ports. 
And the contracting parties pledge themselves to remove, reciprocally, the 
duties herein recapitulated, as well as all other discriminating duties and 
charges of whatever kind they may be, intended by this and the foregoing 
article, to remove; it being the desire and intention of the parties to place the 
.aforesaid trade upon a footing of perfect equality in all respects." 



1826] ADAMS. 333 

tions on the subject : but the object of the treaty was to 
provide for carrying into effect some parts of the treaty of 
Ghent, of 1815. The chief article was a stipulation to 
compensate for the capture and detention of slaves belong- 
ing to the southern States, during the war of 1812 — 1814.* 
This Convention was ratified by the President and Senate 
soon after it was received : and a law was promptly passed 
by Congress for giving effect to its provisions. 

An appropriation of thirty thousand dollars was made 
for repairs on the Cumberland road : lands were reserved 
for seminaries of learning in Louisiana, in Florida, and in 
Arkansas ; and a grant of public land was made to the 
asylum of the deaf and dumb, in Kentucky. — In several 
instances also, the President was authorized to cause sur- 
veys to be made for roads, and to lay them out, in the new 
territories — thus recognizing the propriety of expending 
the funds and property of the nation for internal improve- 
ments, and for the purposes of education : and affording 
proof that the majority in Congress at that time, were in 
favor of promoting some objects of a general nature, at the 
expense of the federal govei-nment. 

A question on the President's authority to appoint diplo- 
matic agents in the recess of the Senate, or rather as to 
the extent of his constitutional power in the allowances 
made to them, arose in Congress, at this time ; and it was 
attempted to fasten a charge on the executive of having 
made a greater allowance in one instance than was proper 
or usual. The charge was, that the President had au- 
thorized an outfit, as well as an additional amount of salary 
to a son of Mr. King, who was left as Charge d' Affaires, 
at the British Court, on the return of the father, who had 
been Envoy Extraordinary to that government : but whose 
feeble health obliged him to retire from all public busi- 
ness. The propriety of having such a diplomatic agent 
at the British Court was very generally admitted ; it 
was also admitted, that in the recess of the Senate, the 
President might justly make such appointment; and it 
was further considered, that the minister had properly de- 
signated his son, the Secretary of that legislation, to act in 
behalf of the United States after his retirement, so that 
their interest might not suffer. The principal charge then 

* The treaty stipulated for the payment, by Great Britain, of the sum of 
^1,240,000 for compensation on account of the slaves carried away at that 
time. 



334 FEDERAL GOVERNMENT. [1826 

preferred was, that the President had not only added to 
the stipend, but allowed a sum as an outfit equal to a year's 
salary, though the person thus employed was then in Eng- 
land. 

The question was proposed hy a member of the House 
from Tennessee, (Mr. Blair,) who was in the ranks of the 
opposition to Mr. Adams ; and who with many others, had 
yielded to a prevailing opinion, that the President was ex- 
travagant in the expenses of government. Mr. Forsyth of 
Georgia, vindicated the conduct both of the President, and the 
minister, Mr. King, in appointing one as Charge d' Affaires 
near the British government ; and in an additional com- 
pensation to that fixed by law for a Secretary of Legation. 
But, if the President had allowed an outfit in this case, he 
expressed the opinion that it was improper. The majority 
or a full moiety of Congress, at that period, were disposed 
to scrutinize the conduct of the executive, in all instances ; 
in the belief, or with the pretence, that the President did 
not strictly conform to the provisions of law, and was in- 
clined to exercise too much discretion. The charge would 
lie, with far greater propriety, against the conduct of his 
successor, who often chose to assume responsibility, or to 
construe the constitution and the laws in accordance with 
his own views, and differently from the meaning given to 
them by former Presidents. And his political friends never 
failed to justify or excuse him ; although they had, before 
his presidency, strenuously contended that the executive 
should have little discretion, and should do nothing but by 
authority of express law. 

A bill was introduced in the Senate, by one of the mem- 
bers of that body, Mr. Dickerson, from New Jersey, for 
distributing a certain part of the public revenue among the 
several States. But tlie proposition was not received with 
much favor ; and after a short discussion the bill was de- 
nied a second reading. The plan proposed was, instead 
of expending large sums of the public money for internal 
improvements by the federal government, as was then and 
the year before strongly urged, and in some cases voted, 
that a portion of the national revenue, particularly from 
sale of lands, should be distributed among the States for 
such purposes; leaving it with the individual States to 
apply it to the particular improvements which each respec- 
tively might prefer. The plan originated in a wish to 
maintain State power and rights, and to prevent great ex- 
penditures by the national government, which would nat- 



1827] ADAMS. 335 

urally increase the influence and patronage of the govern- 
ment. It was contended also, that equal justice required 
such a measure. 

Great efforts were made again at this session of Congress 
for the passage of a law estabhshing a uniform system of 
bankruptcy. Mr. Ilayne, of the Senate, from South Caro- 
lina, urged the adoption of a law for such a system with 
great ability and zeal ; as Mr. Webster of Massachusetts, 
and others had before done in the House of Representa- 
tives; but the bill was opposed, on the pretence that it 
would operate particularly for the relief of merchants, and 
would be of no benefit to the other classes of citizens. The 
system could not have been injurious to the farmer or me- 
chanic ; and the objection that it was exclusively for the 
advantage of merchants, was therefore unreasonable. It 
was the suggestion of prejudice, or of narrow views ; for it 
is the merchant and trader only who need such relief. 

The subject of commercial intercourse with the colonies 
of Great Britain was also discussed at great length, during 
this session of the national legislature. It was one of pe- 
culiar interest and importance ; for the trade with the British 
ports in the West Indies was so restricted by acts of Par- 
liament, that it could be pursued with but little profit by 
the citizens of the United States. Each branch of the fed- 
eral legislature had a bill prepared on the subject ; and each 
was several times debated. They did not differ materially ; 
but it was said in the House of Representatives, that the 
bill before the Senate did not fully protect the interests of 
the United States merchants trading to those ports ; and no 
law was enacted as was proposed and expected. The differ- 
ence might have been adjusted by a committee of confer- 
ence of both Houses, as is usual in cases of disagreement ; 
but this was not done in season, and the close of the session 
prevented it. And on the 17th of March, by virtue of a 
law passed three years before, the President declared, by 
proclamation, that the trade with those ports was prohibited j 
as the discriminating duties of the British government had 
not been removed. The proclamation of the executive, on 
this subject, referred to an act of Congress of March, 1823, 
which permitted the trade between the United States and 
the British ports in the West Indies to be free and unem- 
barrassed, so long as the latter should be open to American 
vessels, without additional duties, but, on an interdiction 
by the British government, of their colonial pprts to vessels 
of the United States, authorizing the President to make 
such public proclamation; and an order of his Britannic 



336 FEDERAL GOVERNMENT. [1827 

majesty in council had been issued in July, 1826. prohib- 
iting after December then next — and now passed — the trade 
and intercourse with those ports to American vessels. 
These various acts of interdiction, restricting the trade to 
the West Indies belonging to Great Britain, operated inju- 
riously to the citizens of the United States. But the exec- 
utive of the federal government had made repeated at- 
tempts to regulate the trade on terms more favorable, and 
in a conciliating and magnanimous spirit towards the gov- 
ernment of Great Britain. 

The conduct of the State of Georgia, at this period, 
towards the Indians within its territorial limits, was such 
as to threaten a direct and forcible collision between that 
State and the federal government. The government of that 
State claimed lands, then and formerly occupied by the 
original tribes, and the entire control and authority over 
them ; though they remained on their lands by the consent 
of the general government, and treaties had been made with 
them, promising them protection, until the terms for their 
removal should be adjusted. The government of Georgia 
complained that they did not remove, or were not forcibly 
removed by the federal executive. That State also insisted 
on a compliance with an agreement, by treaty, with some 
of the chiefs of the Creek Indians, and then the principal 
tribe within that State; but which the majority of the 
tribe highly disapproved ; and which was superceded and 
annulled by a treaty made the year following, with the 
proper agents or chiefs of the tribe, and was also ratified 
by the President and Senate of the United States. The 
latter compact was more favorable to the Indians, as it 
gave them more time to remove, and engaged the support 
of the federal government until their voluntary removal. 
The executive of Georgia ordered a survey of the lands in 
dispute, and occupied by the Indians, contrary to the 
wishes and rights of the tribe ; and committed or threatened 
acts of encroachment which were highly oifensive to the 
Creek nation. And, on their application to the executive 
of the nation, the United States troops were ordered to pro- 
tect them, and to prevent encroachments on their posses- 
sions. The governor of Georgia called on the militia to de- 
fend the State, and to be ready to carry into effect his 
orders, either against the Creek Indians, or the troops of the 
United States. His language and conduct were of a very 
menacing character. He impugned all authority of the 
federal government in the case, and assumed the right to 
treat the Indian tribe according to his will, and that of the 



1827] ADAMS. 337 

legislature of Georgia. His letters to the federal executive 
were indecorous, if not insolent ; and such as had never 
been used by the governor of a State to the chief magistrate 
of the Union.* Owing to the united firmness and prudence 
of the President, the difficulty was cured without resort to 
mihtary force. The message of the President to Congress, 
on the subject, was committed in the House of Representa- 
tives to a select committee, and a report made the day 
following — the last day of the session — recommending the 
adoption of two resolutions, viz. " That it is expedient to 
procure a cession of the Indian lands in the limits of 
Georgia — and, that until a cession is procured, the laws of 
the land, as set forth in the treaty of Washington, ought to 
be maintained by all necessary, constitutional, and legal 
means." Tliere was also a report of the minority of the 
committee asserting "the right of Georgia to the soil and 
jurisdiction of the Indian lands within its limits — that the 
survey of those lands by Georgia was not improper — that 
the treaty at the Indian Springs, not having been constitu- 
tionally repealed, the rights of Georgia under it were un- 
impaired ; and that the President be requested to extinguish 
the claim of the Creek Indians to lands in Georgia, not com- 
prehended in the treaty of Washington." 

The Governor of Georgia contended for the validity and 
execution of the treaty at Indian Springs, (made the pre- 
ceding year, which was favorable to the claims and wishes 
of that State for getting possession of the Indian lands,) 
but which being disapproved by the majority of the Creek 
tribe living there, had been set aside and annulled, by 
adopting a different treaty, the following year. Georgia 
claimed the fulfilment of the terms of the former treaty, 
while the federal executive insisted on observing the terms 
of the second agreement. When, therefore, the executive 
of Georgia ordered surveys of the Indian lands, in opposi- 
tion to the will of the Creek tribe, and contrary to the pro- 
visions of the second compact, the President, on complaint 
and request of the heads of that tribe, sent agents to desire 
the governor of Georgia to desist, and promised protection 
to the Creeks, according to engagements in the last treaty. 

* In a letter to the Secretary of War, dated February 17, 1827, Governor 
Troup, says, " You will distinctly understand, that I feel it my duty to resist 
to the utmost any military attack, which the government of the United States 
shall think proper to make on the territory, the people, or the sovereignty of 
Georgia ; and all measures necessary to the performance of this duty, accord- 
ing to our limited means, are in progress. From the first decisive act of hos- 
tility, you will be considered and treated as a public enemy. " 

43 



338 FEDERAL GOVERNMENT. [1827 

He also notified the governor of Georgia, tliat if the military , 
power should be employed by that State to enforce the order 
for a survey, he should feel obliged, under the sanction of a 
law of 1802 on the subject, and also by an obligation higher 
than any human authority^ to repel the force, and to protect 
the Indians in their rights, as recognized in the last treaty 
made with them. 

The message of the President to Congress, on this sub- 
ject, produced a great excitement; and was censured, by 
members from Georgia and Alabama, as ^rash and tending 
to an open and forcible collision between the United States 
and the State of Georgia. But a large majority supported 
the views and conduct of the President, and disapproved 
of the proceedings of the governor of Georgia. Surely he 
could not justly be charged with rashness, in preferring, as 
he did, a civil and judicial process to a military force, to 
settle the difficulty ; and his declaration to employ force if 
necessary to protect the tribe, was sanctioned by the Con- 
stitution and law. The expression "of yielding to an ob- 
ligation higher than that of any human authority," was 
considered by some as unnecessary, if not improper ; as the 
President of the Union should know no authority, in his 
official civil acts, above or beyond that of law and the 
Constitution. 

A proposition was made in the House of Representatives 
to reimburse to those persons, who had been fined for vio- 
lations of the sedition law of 1798, the amount which they 
had paid, and an indemnity for loss of time, &c. The ob- 
ject appeared to be a public expression of the opinion that 
the law was arbitrary and unconstitutional, as well as a 
desire to indemnify those who had been subjected to pecu- 
niary punishment. But the proposition was not received 
with favor by the majority of the House ; and the object of 
the mover was not attained. The majority were evidently 
convinced of the inexpediency of passing any law on the 
subject ; especially, at a period so long after the obnoxious 
law had ceased to be in force. By rejecting the motion, at 
an early day after it was offered, a discussion, at once un- 
pleasant and useless, was happily prevented. 

Another effort was made at this Congress, to allow com- 
pensation to the officers of the continental army, who con- 
tinued in service till the close of the war of the Revolution, 
and were promised half pay for life, by the old Congress, in 
the year 1781. But the effort was unsuccessful at that 
time; owing in part to the shortness of the session, and in 
part to a want of agreement among those in favor of some 



1827] ADAMS. 339 

compensation, as to the amount, and to the manner of pay- 
ing it. At the following session, an act was passed making 
to these worthy veterans an honorable compensation. 

A bill for imposing additional duties on imported woollen 
goods for the purpose of giving aid to American manufac- 
turers, was again presented in Congress, at an early day of 
the session, and urged, as in several preceding years, with 
great zeal and effort. This subject had been frequently 
proposed and discussed in Congress for ten years. The first 
direct legislation on the subject, by the federal legislature, 
was in 1816 ; though it was the policy of the government, 
from its first establishment, so to regulate trade with foreign 
nations — a principal object in the formation of the national 
government, with a vievir to the prosperity of commerce and 
to the augmentation of the revenue — as to encourage do- 
mestic manufactures of various kinds. At that period, a 
duty of twenty-five pr. ct. advaloj^emwas laid on woollen im- 
ported goods. Those who afterwards engaged largely in 
that branch of manufactures were not satisfied with that 
rate of duties ; and by great activity and perseverance, ob- 
tained an additional law in 1824, by which a duty of thirty 
per cent, was imposed ; to be increased the following year 
to thirty-three. In 1826 and '27, they asked and demanded 
higher impost duties on woollens. A bill for the purpose 
was long and ably discussed in both houses of Congress ; 
and in February, 1827, near the close of the session, the 
House of Representatives voted in favor of it ; but it met 
great opposition in the Senate, and was rejected. The 
manufacturers, however, did not relinquish their object. — 
In 1828, a convention was held in the State of Pennsylva- 
nia, by them and their friends from all parts of the Union — 
when it was agreed to continue their efforts with the federal 
legislature, to grant further protection to woollen and cotton 
manufacturers, to the extent of more than two hundred per 
cent, in some cases, and on some description of goods, though 
it should operate to an entire prohibition.* They also gave 
to their plan the imposing name of the " American system ;" 
asserting, that the same system, or policy, was favored and 
recommended by the Secretary of the Treasury, and by the 
administration, soon after the organization of the general 

* In 1820, coarse woollens paid a duty of twenty-nine per cent : in 1827, it 
was thirty-eight, by virtue of the act of Congress of 1824; and the convention 
at Harrisburg, held in 1827, proposed from fifty-seven to two hundred and 
eighty-one per cent. ! " We want pi-otection," "said one of that convention, 
" whether it be fifty per cent, or one hundred and fifty. And it matters not, 
if it amounts to prohibition. We want protection." 



340 FEDERAL GOVERNMENT. [1827 

government. But it fully appears from the reports of Sec- 
retary Hamilton on the subject, and the measures he re- 
commended in 1790 and 1791, that he was not in favor of 
forcing manufactures by high duties. "Exorbitant duties 
on imported articles," he said, "serve to beget a general 
spirit of smuggling, which is always injurious to the fair 
trader, and eventually to the revenue itself They also tend 
to render other classes of the community tributary, in an 
improper degree, to the manufacturers, to whom high duties 
give a premature monopoly of the markets. Industry is 
also sometimes thus forced out of its natural channels into 
others, in which it tiows with less advantage. And, in the 
last place, they indirectly oppress the merchant, who is often 
obliged to pay them himself, without any retribution from 
the consumer." Some of the woollen and cotton manufac- 
turers themselves admitted that the tariff' of 1824 afforded 
a sufficient protection ; and expressed their fears, that such 
exhorbitant duties would eventually prove unfavorable to 
the manufacturing interests of the United States.* 

A great portion of the citizens were opposed to the 
"American system," as explained and advocated by the 
manufacturers. The merchants and mechanics of Boston 
held meetings to consider the proposed increase of duties on 
woollen and cotton goods ; and a very elaborate report was 
made at an adjourned meeting, by a committee previously 
chosen for that purpose ; in which they stated various facts 
and views, illustrating the impolicy and injustice of im- 
posing any higher duties than were then required by the act of 
1824.* It was asserted, that the general voice of New Eng- 

* Amount of imports into Un!ted States in 1826, was eighty-five millions of 
dollars, eighty millions of which were in American vessels. The exports 
amounted to seventy-seven millions and five hundred thousand dollars; of 
which fifty-three millions were of domestic, and tvi'enty-four millions and five 
hundred thousand of foreign products or articles : of domestic articles, forty- 
six millions and two hundred thousand dollars exported in American vessels, 
and six millions and eight hundred thousand dollars in foreign vessels, of for- 
eign articles, twenty-three millions three hundred and fifty thousand dollars in 
vessels of the United States, and one million one hundred and eighty thousand 
dollars in foreign vessels. 

t Even that tariff-law was considered as unequal and unreasonable, by some 
of the ablest statesmen, as well as by the merchants. In reply to Mr. Clay 
of Kentucky, Mr. Webster of Massachusetts, when the bill was under dis- 
cussion in 1824, said, " that there was a broad and marked distinction between 
prohibition and reasonable encouragement. Protection, when carried to the 
point proposed, that is, to an entire prohibition, seems to me destructive of 
all commercial intercourse between nations." With far greater justice it might 
be said, that the tariff proposed in 1827, and adopted in 1828, was, in principle 
and in theory, indirectly unfavorable to commercial enterprise. 



1827] ADAMS. 341 

land was not in favor of the highly restrictive or prohibitory 
system proposed. They also prepared a memorial to Con- 
gress on the subject, which was subscribed by a very large 
number of the citizens of Boston and vicinity, and presented 
to Congress in December, 1827, at the time the manufac- 
turers were pressing for a new tariff with higher duties, in 
accordance with the resolutions adopted by the Convention 
at Harrisburg.* 

In the same year, a Convention was holden in the city of 
Philadelphia, by persons from most of the States of the 
Union, opposed to any increase of duties on imported wool- 
len or cotton goods. Some of these, indeed, were opposed 
to the duties, as established in 1824; and contended that 
the manufacturers already enjoyed an unequal share of the 
aid of government. They believed that the interests of 
commerce and navigation would suffer by carrying the sys- 
tem to the extent urged ; and were more disposed to lessen 
than to mcrease the duties imposed by the act of 1824. A 
report was published by this Convention also,f of great 
length and ability, and extensively circulated ; and it was 
supposed that a majority of the people approved of the doc- 
trines and views of the Convention. In the seaport towns, 
this was notoriously the case : for the " American system " 
was unquestionably not deemed promotive of the commercial 
interests of the Union. 

The President was in favor of affording protection or en- 
couragement to domestic manufactures generally, and of 
woollens particularly ; which at this time was the leading 
question in political economy, so far as the federal govern- 
ment was believed to have authority to interfere. But he 
was also friendly to extensive enterprises in commerce and 
navigation ; and expressed no opinion in support of the 
ultra doctrines of the manufacturers. It was always known 
that he highly estimated the advantages of navigation and 
foreign trade, to a country like the United States ; and would 
not, therefore, sacrifice the interests of commerce for the 
purpose of encouraging any other branch of business. 

The statement, presented to Congress, by the President, 

* Opinions similar to those e^cpressed by the merchants of Boston, were 
declared in a memorial to Congress by the citizens of Salem, Massachusetts, 
a short time before. They considered the policy of protecting manufactures, 
to the extent urged and adopted in 1824, as highly prejudicial to the com- 
mercial interests of the country; and as a tax on merchants, mechanics, and 
farmers for the benefit of the manufacturers. 

t Henry Lee, of Boston, prepared this report, as well as that adopted by the 
citizens of Boston. 



342 FEDERAL GOVERNMENT. [1827 

in December, 1827, relating to the public aifairs of the na- 
tion, was highly gratifying to the patriot, and as just as it 
was favorable to the general prosperity and welfare. " The 
blessings of peace with all our brethren of the human race," 
said the President, "have been enjoyed without interrup- 
tion : and internal quiet has left the people in the full en- 
joyment of their rights, and in the free exercise of their 
faculties, to pursue the impulse of their nature and the 
obligations of their duty, in the improvement of their own 
condition. The productions of the soil, the exchanges of 
commerce, and the vivifying labors of human industry, 
have combined to mingle in our cup a portion of enjoyment, 
as large and liberal as indulgent Heaven has, perhaps, ever 
granted to man on the earth. To preserve, to improve, and 
to perpetuate the sources, and to direct, in their most effec- 
tive channels, the streams which contribute to the public 
weal, is the purpose for which government was instituted. 
Objects of deep importance to the welfare of the Union are 
constantly occurring to demand the attention of the federal 
legislature ; and they call, with accumulated interest, on the 
first meeting of the two Houses, after their periodical ren- 
ovation." The President referred to the happy issue of ne- 
gotiations with the British government, respecting slaves 
captured during the war of 1812 — 18L5, in the southern 
parts of the United States, and for the adjustment of the 
dispute on that subject, a reference of which had been made 
to the judgment of the Emperor of Russia. "The final 
disposal of one of the most paintul topics of collision be- 
tween the United States and Great Britain," the President 
said, "not only afforded an occasion of gratulation to our- 
selves, but had a happy effect in promoting a friendly dis- 
position, and in softening asperities upon other subjects of 
discussion. Nor ought it to pass without the tribute of a 
frank and cordial acknowledgement of the magnanimity, 
with which an honorable nation, by the reparation of their 
own wrongs, achieve a triumph more glorious than any 
field of blood can ever bestow." It was also stated in the 
message, " that recent negotiation on commercial subjects, 
which were of great interest to the United States, had ter- 
minated in the adjustment of some of the questions at issue, 
upon satisfactory terms, and the postponement of others for 
future discussion and agreement." 

The trade to and with the British colonies in America, of 
great importance to the United States, and long time in a 
condition unfavorable to the citizens thereof, through the 
pertinacity of the English government, to secure unequal 



1827] ADAMS. 343 

advantages — was not yet so adjusted as to give satisfaction 
to the American merchants. To place the trade, either by ne- 
gotiation, or legislation, on termsof reciprocity, had longbeen 
the desire and endeavor of the government of the United 
States ; ' 'for the commercial in tercourse between th e two conn- 
tries was more important than ])etween any other two nations 
on the globe." Two Conventions, however, were concluded 
in August, 1827, between the plenipotentiaries of the United 
States and great Britain, for continuing in force those made 
at former periods, one in July, 1815, and the other in Oc- 
tober, ISIS, noticed above in this volume. 

The subject of the boundary line between the United States 
and the British territories in North America, was much dis- 
cussed at this period ; and, in many parts of the nation, the 
citizens complained of the non-adjustment of the dispute. 
The President, in his public message, referred to the subject, 
and gave the following statement of proceedings in relation 
to it. — " In the execution of the treaty of peace in 1783, a 
line of boundary was drawn as the demarcation of territory 
between the two countries ; extending over nearly twenty 
degrees of latitude, and running over seas, lakes, and moun- 
tains, then very imperfectly explored, and scarcely opened 
to the geographical knowledge of the age. In the progress 
of discovery and settlement, by both parties since that time, 
several questions of boundary between their respective ter- 
ritories have arisen, which have been found of exceedingly 
difficult adjustment. At the close of the late war with 
Great Britain, four of these questions pressed themselves 
upon the consideration of the negotiators of the treaty of 
Ghent, but without the means of concluding a definitive 
arrangement concerning them. They were referred to three 
separate commissions, consisting of two commissioners ; one 
appointed by each party ; to examine and decide upon their 
respective claims. In the event of disagreement between 
the commissioners, it was provided that they should make 
reports to their several governments ; and that the reports 
should finally be referred to the decision of a sovereign, the 
common friend of both. Of these commissions, two have 
already terminated their sessions and investigations; one 
by entire, and the other by partial agreement. The com- 
missioners of the fifth article of the treaty of Ghent have 
finally disagreed ; and made their conflicting reports to their 
own governments. But from these reports a great difficulty 
has occurred, in making up a question to be decided by the 
arbitrator. This purpose, however, has been effected by a 
fourth Convention, concluded at London, by the plenipo- 



344 FEDERAL GOVERNMENT. (•1827 

tentiaries of the two governments in September last. It will 
be submitted with the others to the consideration of the 
Senate." The President manifested a strong desire, that 
the disputes in reference to this sabject, might be amicably 
and speedily adjusted ; and expressed a disposition on his 
part to adopt all proper measures to attain so desirable an 
object. Difficulties had then recently occurred on the north- 
east borders of the United States, and a serious collision 
threatened between the people of Maine and of New Bruns- 
wick : though it had been previously understood, " that no 
exercise of exclusive jurisdiction, by either party, while the 
negotiation was pending, should change the state of the 
question of right to be definitively settled." 

The President very feelingly regretted that the British 
government had declined all negotiations on the subject of 
the trade with their colonial possessions in America ; be- 
lieving that the difficulties would be better removed, in 
that way, than by legislation. This trade, if regulated on 
principles of a just and liberal policy, would be highly 
beneficial to the United States. And while he refrained 
from imputing the course pursued by the British govern- 
ment to direct hostile views, he justly considered it as 
showing a less friendly and generous spirit than he had 
anticipated. Neither of the bills before the Senate or 
House of Representatives, at the preceding session of Con- 
gress, it appeared, would have given full satisfaction to 
the Court of England. They were evidently disposed to 
enjoy the whole trade to and from their American colonies 
and ports ; and seized on every possible pretence for avoid- 
ing definite and mutually favorable regulations on the sub- 
ject. 

In referring to the relations of the United States with 
France, the President spoke of the early and important 
influence exerted by the French king and people in favor 
of the liberties of America. "The origin of the political 
relations between the two nations," he said, " was co-eval 
with the first year of our Independence. The memory of 
it is interwoven with that of our arduous struggle for na- 
tional existence. Weakened as it has occasionally been 
since that time, it can by us never be forgotten ; and we 
should hail with exultation the moment which should in- 
dicate a recollection, equally friendly in spirit, on the part 
of France." Fresh efibrts had then been made by the 
President, to obtain a just consideration of the claims of 
American citizens for reparation of wrongs, many years 
before committed by the subjects or rulers of that nation. 



1827] ADAMS. 345 

A reference of the subject had been recently proposed, by 
the President's direction, to a sovereign, friendly both to 
France and the United States. And he expressed the 
opinion that the proposal would not be declined by the 
French government. 

A large portion of these claims, the French government 
admitted to be founded in equity and justice. Even the 
late Emperor, by whose orders the depredations had been 
committed, could not deny the justice of making some re- 
paration : and the kings of the Bourbon family, Louis 
XVIII. and Charles X. who were restored to the throne of 
France, on the downfall of Napoleon, had long promised 
indemnity. But they were weak princes ; the nation was 
exhausted by expensive and distressing wars; and the 
subject of indemnity, as demanded by the United States, 
was not popular with the people of France. They were 
unwilling to pay for the wrongs done by Napoleon. Noth- 
ing had been obtained but fair promises of the French 
government ; though the claim had been often pressed upon 
the consideration of the Court of Versailles, with- much 
earnestness and ability: and by no administration with 
more urgency than while Mr. Adams was President. 

The diplomatic intercourse between the United States 
and foreign governments, had been increasing for several 
years, and their relations were now mutually friendly. The 
President announced, at this time, the formation of a new 
treaty with Sweden, to perpetuate amity, and to regulate 
commerce and navigation between the two nations : a re- 
cent disposition in the Ilanseatic republics had been shown, 
to strengthen and confirm their intercourse with the United 
States, by sending a minister to reside at the seat of the 
federal government, which was met with promptness and 
cordiality by the President. The desire of the new Em- 
peror of Russia, to be on terms of friendship with the 
United States, was also manifested by the appointment of 
a minister plenipotentiary to the government of the Amer- 
ican Union. A prospect was thus presented to the country 
of a long period of national peace and prosperity ; and was 
a just occasion for gratulation and thankfulness among all 
classes of citizens. 

In this public message, the President alluded to the ex- 
isting condition of the new republics in South America ; 
and informed Congress of the failure of the individual 
States represented in the grand meeting at Panama, to con- 
firm the propositions adopted by that Convention, for a 
union of measures and action in defence of their liberty, 
44 



346 FEDERAL GOVERNMENT. [1827 

and for establishing efficient governments ; and of extensive 
divisions among them, which predicted unfavorable results 
to the cause of civil freedom in that part of America. It 
had never been the intention of the federal government to 
interfere with the republics of Central and South America, 
any farther than to maintain a friendly connection, or un- 
derstanding, and to prepare for maintaining trade with 
them, which should be beneficial to both parties. One of 
the public envoys of the United States sent to South 
America had then already returned; and the other was 
directed to remain in Mexico, " in the discharge of ordinary 
duties, with authority to attend the conferences of the Con- 
gress of Panama, whenever they should be resumed." 

The internal affairs of the United States indicated an 
uncommon measure of tranquillity and prosperity. The 
apprehensions of difficulty with the State of Georgia, 
arising from disputes about the lands in that State, occupied 
by the Indians, had subsided ; though the claims of that 
State were not withdrawn. With some Indian tribes, in 
the western part of the country, disputes had indeed arisen 
relating 'to certain tracts of land, which it was believed the 
government had fairly purchased, and their conduct threat- 
ened hostilities towards the United States; but "the pres- 
ence of a portion of the regular troops soon dispelled the 
alarms of the people in tliat quarter, and overawed the 
hostile purposes of the Indians." Some murders were 
committed by them, but they surrendered the perpetrators 
to the authority of the federal government, and a good un- 
derstanding followed. 

The national income, from imposts and the sale of pub- 
he lands, was fully adequate to all the exigencies of the 
government. The public expenditures, for 1826 and 1827, 
had been to a large amount ;* but they were made in ful- 
filment of acts of Congress for Indian annuities, for former 
purchases of their lands, for extensive repairs of fortifica- 
tions on the seacoasts, and for pensions to the veterans of 

* It appears by Pitkin's statistics, that the expenditures in 1817, were 
^40,870,000, and the receipts ^33,830,000. In 1818, the expenditures 
were ^35,100,000, and the receipts !rl;21, 600,000. In 1819, the expenditures 
were $24,000,000 and the receipts |-24,600,000. In 1820, the expendi- 
tures were $21,763,000, and the receipts $20,880,000. In 1821, the ex- 
penditures were $19,090,000, and the receipts $19,573,000. In 1822, the 
expenditures were $17,676,000, and the receipts $20,232,000. In 1823, 
the expenditures $15,314,000, and receipts 20,540,000. In 1824, the ex- 
penditures $31,898,000, and receipts $24,381,000. In 1825, the expend- 
itures $23,580,000, and the receipts $26,840,000. In 1826, the expendi- 
tures $24,103,000, and the receipts $26,260,000. 



1827] ADAMS. 347 

the Revolution ; beside the sums necessary for the civil list, 
for interest on the public debt, annual instalments thereof, 
maintenance of the army and navy, and an increase of the 
latter. 

According to the statement made to Congress in the 
message of the President, the receipts in the treasury, in 
1827, amounted to twenty-two millions nine hundred and 
sixty thousand dollars, and the expenditures were estimated 
at twenty-two millions five hundred thousand dollars. Up- 
wards of six millions of the latter, was for a discharge of a 
part of the national debt ; and thus reducing it to sixty -seven 
millions and a half; being only a moiety of what it was in 
1817. With a view to the entire discharge of the public 
debt of the nation, a subject of deep solicitude with the 
people, the President recommended the strictest economy 
in the application of the public funds ; and observed " that 
it was most important always to keep the expenditures 
of the year within the limits of its receipts." * 

The greater portion of those who had opposed the elec- 
tion of President Adams, in 1824, continued their opposi- 
tion during the whole term of his administration, while 
others "■ who judged him by his measures," approved of 
his general political conduct. Every possible objection 
was made to his course ; and the power of party prejudice 
was manifested while he was Chief Magistrate of the na- 
tion. Particularly, it was objected, that the public expend- 
itures were much greater than in former years, and that 
he was alike extravagant and visionary in his plans. An 
unhappy prejudice was thus created or strengthened against 
him as a politician ; but with no just cause for the charge. 
His views on the question of internal improvements were 
not agreeable to such as wished to confine the federal gov- 
ernment to legislate on subjects granted by the Constitu- 
tion : but no one could justly accuse him of ever employing 
the means of corruption, or of incurring expenses to the 
government for the purposes of patronage ; and no one ever 
doubted the sincerity or ardor of his patriotism. 

In 1824, Congress passed a law authorizing surveys for 
canals and roads, which might be for the improvement of 
the country, and facilitate the intercourse between distant 
parts of the Union. And it was at the discretion of the 

* In 1827, the expenditures were less than the receipts only in about 
$500,000. In 1828 and 1829, the expenditures exceeded the receipts by 
^400,000. In 1830, the expenditures and receipts were very nearly of same 
amount. In 1831, the expenditures were greater than the receipts by nearly 
|'2,000,000; and in 1832, by nearly #3,000,000. 



•i 



348 FEDERAL GOVERNMENT. [1827 

executive, that such surveys were to be made.* President 
Adams, being in favor of internal improvements at the ex- 
pense of the federal government, ordered various surveys 
during the year 1825 and 1826. The reports made to him 
by the surveyors were communicated to Congress at this 
and the preceding session ; and serve to show his readi- 
ness to carry into full effect the power granted him by the 
national legislature. They were the following : — relating 
to the Chesapeake and Ohio canal — the continuance of the 
great national road from Cumberland to the waters within 
the District of Columbia — the continuation of that road 
from Canton, (Ohio,) to Zanesville, — the location of the 
national road from Zanesville to Columbus, (Ohio,) — the 
continuation of the same to the seat of government in Mis- 
souri, — a post road from Baltimore to Philadelphia, — a 
survey, in part, of Kennebec river, — a national road from 
V/ashington to Buffalo, — a canal from lake Ponchar train 
to the river Mississippi : Surveys at Edgartown, Hayannis 
harbor, and Newburyport — of La Plaisance bay, in the 
territory of Michigan, — the Peninsula of Florida, with the 
view to a canal to connect the waters of the Atlantic with 
the Gulf of Mexico, and also between the bays of Mobile 
and of Pensacola, — for a canal, to connect the waters of 
James and Great Kenhawa rivers — of the Swash in Pam- 
lico sound, and that of Cape Fear, below Wilmington, in 
North Carolina. The views of the President were further 
developed by his observations in connection with these 
reports — " all the officers of the two engineer corps, with 
several others duly qualified, have been constantly em- 
ployed in these services, from the passing of the act of 
April, 1824, to this time. And were no other advantage to 
accrue to the country, from their labors, than the fund of 
topographical knowledge which they have collected and 
communicated, that alone would have been a profit to the 
Union, more than adequate to all the expenditures which 
have been devoted to the object ; but the appropriation for 
the repair and continuation of the Cumberland road, for 
the construction of various other roads, for the removal of 
obstructions from the rivers and harbors, for the erection 
of lighthouses, beacons, piers, and buoys, and for the 
completion of canals, undertaken by individual associa- 

* The act gave him power " to cause surveys, plans, and estimates to be 
made of the routes of such roads and canals as he might deem of national im- 
portance, in a military or commercial point of view, or necessary for the trans- 
portation of the public mail." 



1827] ADAMS. 349 

tions, but needing the assistance of means and resources 
more comprehensive than individual enterprize can com- 
mand, may be considered rather as treasures laid up, from 
the contributions of the present age, for the benefit of pos- 
terity, than as unrequited applications of the accrning rev- 
enues of the nation. To such objects of permanent im- 
provement in the condition of the country, of real addition 
to the wealth as well as comfort of the people, three or 
four millions of the income of the nation have, by laws 
enacted at three most recent sessions of Congress, been 
applied, without entrenching upon the necessities of the 
treasury ; without adding a dollar to the taxes or debts of 
the community ; without suspending even the steady and 
regular discharge of the debts contracted in former days ; 
which, within the same three years, have been diminished 
by nearly sixteen millions." 

The majority of Congress, at this time, did not fully agree '^ 
in the opinion and views of the President as to the propri- , 
ety of these surveys ; and they appear not to have approved 
of the construction which he put upon the law of 1824. — 
There had always been a large minority in the federal legis- 
lature, and generally a majority opposed to appropriations 
for such purposes. It had been sometimes voted not to ex- 
pend more money on the Cumberland road ; particularly as 
to the continuation of it through the States of Ohio, Indiana, 
and Illinois, to Missouri. And it was believed, by many- 
able statesmen who were in favor of confining the powers 
of the national government to the specific objects contem- 
plated by the Constitution, that the liberal construction 
given to it in reference to works of internal improvements, 
served only to increase the power and patronage of the 
executive, which was always liable to abuse, or to an ex- 
ercise of a party or partial character. The plan of aiding 
States and companies, in their enterprizes for these professed n 
objects, it was believed, would lead to very great drafts on 
the treasury of the United States, and would also afford an 
opportunity to the President, at any time, to show favor to 
particular corporations or to certain parts of the Union, to 
gratify his personal views and predilections. In the con- 
clusion of this annual message to Congress, the President 
spoke of the claims of the surviving officers of the Revo- 
lutionary army on the national government for compensation 
for their services so important to the country, and for which 
they had not been recompensed according to the early prom- 
ises made to them by the Congress of the confederation. — 
" The nation," he said, " owed to these meritorious veterans 



350 FEDERAL GOVERNMENT. [1827 

a debt of justice as well as of gratitude." They had then 
been soliciting a fulfilment of these early promises of Con- 
gress for several years, but without success. And they did 
not ask it merely as a favor, or because they were generally 
poor, but as a compensation founded in equity and jnstice 
for services actually rendered, and never fully rewarded. 
Provision was made by Congress in 1818, for granting relief 
to the destitute among those who had served in the war of 
the Revolution only for nine' months ; but the most merito- 
rious, whose services were given during the whole war, and 
who continued faithful to their country's cause till peace 
was made with the enemies of its liberties, had received no 
compensation. Their claims were founded on resolves of 
the old Congress, passed in 1780 and 1781, when their ser- 
vices were called for and justly appreciated, granting them 
half pay for life ; but which was commuted, in 1783, at the 
request of their fellow citizens, and from the purest and 
most patriotic motives, for the amount of five years' pay ; 
and even that was in such paper as was worth not more 
than a tenth part of its nominal value. Their applications 
to Congress for an equitable allowance, had indeed been 
favorably considered by committees for several preceding 
years ; but no act had been passed granting them compen- 
sation. The recommendation by the President of their case 
and services, at this time, no doubt had an influence with 
Congress in granting them an allowance during the session. 
The compensation allowed was honorable to the members 
of that Congress, while it proved highly acceptable to the 
objects of the bounty, who, with very few exceptions, were 
now advanced to, and even beyond the common age of man. 
The greater part of them were not in affluent circumstances ; 
and though not wholly destitute of property, needed the al- 
lowance thus equitably granted, to secure their own and 
family's comfort.* 

The expenses for the support of the federal government, 
in all its branches, at this period amounted to a large sum. 
The annual increase of the navy, the erection and repair 
of fortifications, the pensions to the officers and soldiers 
of the revolutionary army, the interest and reduction of 
the national debt, greatly enhanced by the war of 1812, 

* There was more opposition in Congress to the allowance than those might 
have expected who knew the services and sacrifices of the worthy recipients; 
but there were no party feelings operating on the occasion. Among the able 
advocates for the compensation, were Van Buren, Harrison, Webster, Wood- 
bury, Johnson, and Berrien of the Senate; and Drayton, Buchanan, Everett, 
Reed, Dwight, Sprague, Burgess, Mercer, aod Hamilton of the House. 



1827] ADAMS. 351 

surveys and works of internal improvement, and annuities 
to several Indian tribes, of whom lands had been purchased 
to a great extent : all these now made an aggregate of 
about twenty-four or five millions. And though due econ- 
omy was recommended, it was not to be expected that it 
would be rigidly practiced in all cases, when there was 
necessarily a vast number of public oificers and agents. 
And yet it aff"orded an occasion, for such as were previously 
disposed to charge the executive with extravagance in the 
public expenditures, to censure the President, and to per- 
suade a portion of the people of the Union that he was de- 
ficient in judgment, or a watchful fidelity, in the manage- 
ment of national finances. This was one great cause of 
the election of another individual for the first executive 
officer of the federal government in 1828. Men who ought 
to have been better informed, and less under the influence 
of prejudices, made great objections to President Adams on 
this account ; when a thorough, but fair and impartial in- 
vestigation must have shown, that he was equally faithful 
in the duties of his office, relating to the expenditures of the 
government, as either of his predecessors had been.* 

* For repairs and continuation of Cumberland road, one hundred and sev- 
enty-five thousand dollars were appropriated at the session 1827, 1828 — 
thirteen thousand for clearing the Ohio river, and Huron river, in the State of 
Ohio — for piers at the mouth of Dunkirk harbor in New York, six thousand — 
for a public road from Detroit to Maumee, six thousand — and from Detroit to 
Chicago, eight thousand dollars — for piers in the mouth of Oswego harbor. 
New York, nine thousand five hundred — to deepen the channel of entrance 
into the harbor of Presque Isle, six thousand — to remove obstructions in Ash- 
tabula Creek, Ohio, four thousand five hundred — to remove obstructions in the 
Berwick branch of Piscataqua river, Maine — to deepen the channel for naviga- 
tion between St. John's river, Florida, and St. Mary's harbor in Georgia — also, 
of the river and harbor of St. Mark's, in Florida — to remove obstructions in the 
"Kennebec river, three thousand five hundred — to secure the light on Brandy- 
wine shoals, in Delaware bay, ten thousand — for various surveys, thirty 
thousand — to complete a pier, near another pier, at Buffalo, thirty-four thousand 
— for a military road in Maine, from the Penobscot river to Mar's Hill — to re- 
move obstructions (the bar) at the mouth of Merrimac river — to preserve Deer 
Island, in the harbor of Boston — to erect piers at Stonington, Connecticut — to 
repair piers at Port Penn, and Marcus Hook — to remove obstructions and 
shoals in North Carolina — and in Apalachicola, Florida — to improve the navi- 
gation of Red river ; and of Sackett's Harbor — to survey the harbor of Nan- 
tucket for the purpose of improving it — to deepen the channel at the mouth of 
Pascagoula river — to improve the navigation of the Mississippi and Ohio rivers. 
For lighthouses ; one in Maine, three in Massachusetts, one in Rhode Island, 
and two spindles or pyramids, one in Connecticut, three in New York, three 
in Maryland, and one in Virginia ; in North Carolina one light vessel in 
lieu of a lighthouse, and two beacon lights; in Alabama, one lighthouse and 
spindle ; in Michigan, two lighthouses, in Florida one, one in New Hamp- 
shire, one in Delaware, and several buoys. A breakwater was also ordered 
to be constructed near the mouth of Delaware bay, and two hundred and fifty 



352 FEDERAL GOVERNMENT. [1827 

Among the important measures and acts of the twentieth 
Congress,* were the following — An act to prevent defalca- 
tions on the part of disbursing agents and officers of the 
United States ; and by which it was ordered that no wages 
should be paid to persons who were in arrears to the gov- 
ernment, till they had accounted for, and paid into the 
Treasury all sums for which they were liable — a similar 
law was passed during the administration of President 
Monroe — an act for the relief or benefit of Columbia College, 
in the District of Columbia — an act for the relief of pur- 
chasers of the United States land ; allowing them further 
time of payment — an act granting the privilege of frank- 
ing letters, to Hon. Charles Carrol, the only survivor of 
the patriotic band of worthies who signed the Declaration 
of Independence, July 4th, 1776 — an act appropriating five 
thousand dollars for an addition to the library of Congress 
— an act authorizing the President to appoint agents " for 
designating and settling the line forming the northeast 
boundary of the United States, and for bringing the existing 
controversy with Great Britain, on that subject, to a speedy 
termination" — an act to empower the President to subscribe, 
on behalf of the government, for ten thousand shares in the 
stock of the Chesapeake and Ohio Canal Company — and 
an act for laying higher duties on several imported articles, 
than the laws of Congress then imposed, viz. on wool, and 
on woollen cloths; on cotton cloths; on iron, hemp, cotton 
bagging, sail duck, silks, molasses, and distilled spirits. 
On wines, the rate of duties was reduced, and no draw back 
was allowed on spirits distilled from molasses, nor on sail 
duck exported. 

The additional duty on iron, caused complaints in some 
parts of the country ; but those on woollen and cotton 
goods, were most strongly opposed, and denounced as un- 
equal and oppressive. In the middle and southern States, 
where there were few or no manufactories of these goods, 
the opposition was loud and severe. The duties on low- 
thousand dollars appropriated ; which was probably not half its cost. It was 
voted by Congress, at the same session, to subscribe on part of the federal gov- 
ernment, for ten thousand shares in the stock of the Chesapeake and Ohio Canal 
Company. And an appropriation was then made for defraying the expenses of 
agents of the Choctaw, Creek, Cherokee, and Chickasav/ tribes of Indians, to 
explore the country west of the river Mississippi, in order to the emigration to 
that territory of such as should choose to remove and settle there. 

* The political parties in Congress, December, 1828, were nearly equal, 
the speaker was elected by only four votes majority ; and be was opposed to 
the administration. 



1828] ADAMS. 353 

priced woollens was disproportionately high, and operated 
sev^erely upon those who used them; and the southern 
planters made great use of them for their slaves. The 
complaint was also heard in the northern and eastern 
States, against the law, in this respect ; for the lower classes 
of people in those parts also purchased largely of the coarser 
woollens for common use. The merchants and citizens of 
Boston, in their memorial and remonstrance against an in- 
crease of duties on imported woollen goods, in 1827, as- 
serted, that the American system, so called, was founded 
in error and injustice ; that it would eventually prove in- 
jurious to the manufacturers themselves, and was unequal 
and oppressive in its operation : oppressive to the lower 
classes of the people, and unequal as to different sections 
of the Union." 

The message of the President to the national legislature, 
at the opening of its annual session, contains a summary 
of the proceedings of the executive during the recess of 
Congress, and gives a statement of transactions and oc- 
currences relating to the public affairs of the government 
and its officers. In that of President Adams, December, 
1828, which was the last he communicated, on a similar 
occasion, he represented the United States to be in a highly 
prosperous condition, enjoying peace with all other nations ; 
and making rapid advances in population and wealth, and 
in the use of their abundant resources and means for in- 
ternal improvements: The President referred particularly 
to the subject of the northeastern boundary of the United 
States, between Maine and New Brunswick, and informed 
Congress, that, as the agents of the two governments, em- 
ployed for the purpose, were unable to agree, the question 
would be referred to the King of the Netherlands ; in 
whose impartiality and probity he had the utmost confi- 
dence. The subject was becoming every year more in- 
teresting to the people of Maine, and of other parts of the 
United States ; and interferences and collisions had hap- 
pened between the inhabitants of the two contiguous ter- 
ritories, as each claimed the same tract of country. Sev- 
eral citizens of Maine made settlements on the disputed 
territory, and the British claimed jurisdiction over the 
whole, and frequently attempted to exercise authority ac- 
cordingly.. The argument of the government of New 
Brunswick for this was, that, as all the tract in dispute 
belonged to Great Britain before the treaty of 1783, recog- 
nized and confirmed by the treaty of Ghent, in 1815, it 
45 



354 FEDERAL GOVERNMENT. [1828 

ought to continue under its control and in its possession, 
until it should be found to belong to the United States. 

In speaking of the relations with France, the President 
said, that there was good reason to believe the claims to in- 
demnity for depredations — committed on the commerce of 
the United States, during the revolutionary governments of 
that country, and which had been many years presented and 
urged — would be admitted, and justice be done to Amer- 
ican citizens whose property was seized and confiscated. 

The political and commercial relations with Great Britain 
were not, in the opinion of the President, of an unfriendly 
character, though the difficulties still remained, as to the 
trade with her American colonies. " The interdiction of a 
direct trade with British ports in America had not proved 
extensively injurious to the commerce of the United States. 
Indeed the exports, the revenue, and the navigation of the 
country, had suffered no perceptible diminution by our ex- 
clusion from direct access to British colonial ports." Dif- 
ferent channels had been found for an exchange of com- 
modities desired by both countries. The produce of the 
United States needed by the British in their colonies, was 
conveyed indirectly to the islands and elsewhere. The 
subject, however, was earnestly recommended by the Pres- 
ident to the early attention of Congress. 

The message announced that a treaty would probably 
then soon be made with Austria; which, it was believed, 
would be for the commercial benefit of the United States. 
And in this treaty, the President observed, " care had been 
taken to establish and extend those principles of liberal in- 
tercourse and of fair reciprocity, which intertwine with the 
exchanges of commerce, the principles of justice, and the 
feelings of mutual benevolence." " This system," he added, 
^^ first proclaimed to the world, in the first commercial treaty 
by the United States — that with France, on the 6th of Feb- 
ruary, 1778 — has been, invariably, the cherished policy of 
the Union. And it is by treaties of commerce only that it 
can be made, ultimately, to prevail, as the established sys- 
tem of all civilized nations. With this principle, our fathers 
extended the hand of friendship to every nation of the 
globe : and to this policy our country has ever since adhered. 
For whatever of regulation in our laws has ever been 
adopted, unfavorable to the interest of any foreign nation, 
has been essentially defensive, and counteracting to similar 
previous regulations on their part, operating against us." 
A hope was expressed by the President in this message, that 



1828] ADAMS. 355 

these principles would soon be recognized and approved by 
the whole civilized world. 

" The condition of neighboring American nations in the 
south, was rather that of approaching, than of settled tran- 
quillity. Internal disturbances had been more frequent 
among them than was anticipated : but the intercourse of 
the United States with them continued to be that of friend- 
ship and of mutual good will. Treaties of commerce and 
of boundaries with the united Mexican States had been 
attempted, and were still in process of negotiation, but had 
not been brought to a final conclusion, from various and 
successive obstacles. The finances of the federal govern- 
ment were never in a more prosperous state, than at this 
period ; and yet there had been no unnecessary stinting of 
the public expenditures for great national works of defence 
or internal improvement. The revenue arising from imports 
was of greater amount than had been estimated. The re- 
ceipts into the public treasury amounted to twenty-four 
milUoti and ninety-Jive thousand dollars. The expenditures 
amounted to twenty-five millions and a half; which included 
over nine millions paid for reducing the public debt of the 
nation, which was at six per cent. : thus reducing the annual 
interest somewhat more than half a million. To the re- 
ceipts of the year should be added, when comparing these 
with the expenditures, five millions in the treasury at the 
beginning of 1828 ; thus allowing for the yearly expenses, 
should it be needed, the sum of twenty-eight millions. The 
amount paid for interest on the old public debt, was over 
three millions ; and that debt was now reduced to fifty-eight 
millions. In the opinion of the President, the revenue of 
the succeeding year would equal and probably surpass that 
of 1828 : " for the uniform experience of forty years had 
shown, that whatever had been the tariff of duties on im- 
ported articles, the amount of importations had always 
borne an average value, nearly approaching to that of the 
exports ; though occasionally differing in the balance. It 
is indeed, a general law of prosperous commerce, that the 
value of exports should, by at least a small balance, exceed 
that of imports — that balance being a permanent addition 
to the wealth of the nation. For the extent of the pros- 
perous commerce of the nation must be regulated by the 
amount of its exports : and an important addition to the 
value of these, will draw after it a corresponding increase 
of importations. 

" It has happened, in the vicissitudes of the seasons, that 
the harvests of Europe have, in the late summer and au- 



356 FEDERAL GOVERNMENT. [1828 

tumn, fallen short of their usual average. A relaxation of 
the interdict upon the importation of grain and flour from 
abroad has ensued ; a propitious market has been opened 
to the granaries of our country; and a new prospect of 
reward presented to the labors of the husbandman ; which, 
for several years, has been denied. This accession to the 
profits of agriculture, in the middle and western portions of 
the Union, is accidental and temporary : it may continue 
but for a single year. But we may consider it certain, that, 
for the approaching year, it has added an item of large 
amount to the value of our exports, and that it will procure 
a corresponding increase of importations. It may therefore 
be foreseen, that the revenue of 1829 will equal and probably 
exceed that of 1828 ; and will afford the means of extin- 
guishing ten millions more of the public debt. This new 
element of prosperity to that part of our agricultural in- 
dustry, which is occupied in producing the first article of 
human subsistence, is of the most cheering character to the 
feelings of patriotism. The great interests of an agricul- 
tural, commercial, and manufacturing nation are so linked 
in union together, that no permanent cause of prosperity to 
one of them can operate without extending its influence to 
the others. All these interests are alike under the protect- 
ing power of the legislative authority ; and the duties of the 
representative bodies are to conciliate them in harmony 
together. So far as the object of taxation is to raise a rev- 
enue for discharging the debts and defraying the expenses 
of the community, it should, as much as possible, suit the 
burden with equal hand upon all, in proportion with their 
ability of bearing it without oppression. But the legislation 
of one nation is sometimes intentionally made to bear heav- 
ily upon the interest of another." 

In this connection, referring to the policy of the national 
government, which aftbrded encouragement to domestic 
manufactures, opposed by a large portion of the people, to 
the extent then given, but of which the President approved, 
he asks, " Is the self-protecting energy of this nation so 
helpless, that there exists, in the political institutions of our 
country, no power to counteract the bias of foreign legisla- 
tion 7 That the growers of grain must submit to this ex- 
clusion from the foreign markets of their produce? That 
the shippers must dismantle their vessels ? The trade of the 
north stagnate at the wharves, and the manufacturers starve 
at their looms, while the whole people shall pay tribute to 
foreign industry, to be clad in a foreign garb? That the 
Congress of the Union is impotent to restore the balance in 



1828] ADAMS. 357 

favor of native industry, destroyed by the statutes of another 
reahn? I trust more just and generous sentiments Avill 
prevail. " If the tariff of the last session of Congress shall 
be found, by experience, to bear oppressively upon the in- 
terests of any one section of the Union, it ought to be so 
modified as to alleviate its burden. To the voice of just 
complaint from any portion of their constituents, the rep- 
resentatives of the States and people will never turn away 
their ears. But so long as the duty of the foreign shall 
operate only as a bounty upon the domestic article ; while 
the planter, the merchant, the shepherd and the husbandman, 
shall be found thriving in their occupations, under the du- 
ties imposed for the protection of domestic manufactures, 
they will tiot repine at the prosperity shared with them- 
selves by their fellow citizens of other professions, nor de- 
nounce, as violations of the Constitution, the deliberate acts 
of Congress, to shield from the wrongs of foreign laws the 
native industry of the Union. 

"While the tariff of the last session of Congress was a 
subject of legislative deliberation, it was predicted by its 
opposers, that one of its necessary consequences would be 
to impair the revenue. It is yet too soon to pronounce, Avith 
confidence, that this prediction was erroneous. The con- 
sequence of the tariff will be to increase the exportation and 
to diminish the importation of some specific article. But 
by the general law of trade, the increase of exportation of 
one article will be followed by an increased importation of 
others, the duties on which will supply the deficiences which 
the diminished importation would otherwise occasion. The 
effect of taxation upon the revenue can seldom be foreseen 
with certainty. It must abide the test of experience. As 
yet, no symptoms of diminution are perceptible in the re- 
ceipts of the treasury ; as yet, little addition of cost has been 
felt on the articles burthened with heavier duties by the last 
tariff. The domestic manufacturer supplies the same or a 
kindred article at a diminished price ; and the consumer 
pays the same tribute to the labor of his own countrymen, 
which he nmst otherwise have paid to foreign industry and 
toil. — " The tariff of the last session was, in its details, not 
acceptable to the great interests of any portion of the Union ; 
not even to the interest which it was specially intended to 
subserve. Its object was to balance the burdens on native 
industry imposed by the operation of laws ; but not to aggra- 
vate the burdens of one section of the Union by the relief 
afforded to another. To the great principle, sanctioned by 
that act, one of those upon which the Constitution itself 



358 FEDERAL GOVERNMENT. [1828 

was fortnedj I hope the authorities of the Union will adhere. 
But if any of the duties imposed by the act, only relieve 
the manufacturer by aggravating the burden of the planter, 
let a careful revisal of its provisions, enlightened by the 
practical experience of its effects, be directed to retain those 
which impart protection to native industry, and remove or 
supply the place of those, which only alleviate one great 
national interest by the depression of another." 

Great complaints were made from some parts of the 
United States, against the additional duties imposed on 
cotton and woollen goods by the tariff of 1828 ; on the 
ground that the former rate of duties was a sufficient pro- 
tection for domestic manufactures ; and also that the law, 
in its operation, pressed unequally on different sections of 
the country. It was said to be a tax on the non-manufac- 
turing, for the benefit of the manufacturing. States. These 
complaints, though not confined to the States in the southern 
parts of the Union, were there more loud and vehement ; 
and it was apprehended, that some of the Slate legislatures 
might impugn the authority of the federal government to 
impose a law of such a character and results as the tariff, 
which was adopted at the previous session of Congress. It 
was probably with reference to this state of things, that the 
President submitted some of the above remarks; and that 
induced him also to add the following : — 

" The United States, and the people of every State of 
which they are composed, are each of them sovereign 
powers;* while the legislative authority of the whole is 
exercised by Congress under authority granted by the Con- 
stitution. The legislative power of each State is exercised 
by assemblies deriving their authority from the Constitution 
of the State. Each is sovereig-n ivilhiti its own province. 
The distribution of powers between them presupposes that 
these authorities will move in harmony with each other. 
The members of State and General governments are all 
under oath to support both ; and allegiance is due to the one 
and to the other. The case of a conflict between these two 
powers has not been supposed ; nor has any provision been 
made for it in our institutions." 

" More than once, in the progress of our history, have 
the people and the legislature of one or more States, in 
moments of excitement, been instigated to this conflict ; and 
the means of effecting this impulse have been allegations, 

* As strong an expression in favor of State rights and powers, as any real 
federalist, or anti-consolodationist might reasonably approve or desire. 



1828] ADAMS. 359 

that the acts of Congress, to be resisted, were unconstitu- 
tional.* The people of no one State have ever delegated to 
their legislature the power of pronouncing an act unconsti- 
tutional ; hut they have delegated to them pouters, by the ex- 
ercise of which the execution of the laws of Congress, witldn 
the States., may he resisted ; if we suppose the case of such 
conflicting legislation sustained by the corresponding exec- 
utive and judicial authorities. Patriotism and philan- 
thropy turn their eyes from the condition in which the 
parties would be placed, and from that of the people of both, 
which must be its victims." 

The policy and conduct of President Adams, in his treat- 
ment of the Indian tribes, were in accordance with the 
measures of his predecessors. He sought to promote their 
welfare and to protect their rights; at the same time, that 
he provided means of defence for the people in the new 
settlements near them, from their depredations. Under his 
administration, several large tracts of land were purchased 
of the tribes, lying west of the Ohio and Mississippi rivers, 
and within the northwest territory. These purchases were 
made in compliance with the laws of Congress for that pur- 
pose ; and the promises and engagements of the govern- 
ment with them were faithfully fulfilled. No complaints 
were afterwards made by the tribes against the executive, 
relating to these transactions. 

The view which he and his predecessors took of the 
tribes, was such as justice and humanity, and the consid- 
eration of the character and condition of the tribes, appeared 

* The open opposition to the laws of the federal government, in Pennsyl- 
vania, in 1794, on account of the excise on whisky, was by a part of the people, 
and not by the sanction of the legislature of that State : the allusion here, by 
the President, was probably, therefore, to the opposition manifested by the 
State legislatures of Virginia and Kentucky, in 1798, to the alien and sedition 
laws of Congress, of that period. Each of the legislatures of those States 
solemnly declared their opinion " that those laws were unconstitutional ; and 
therefore to be accounted null and void." But they did not engage in nor 
actually prepare for open and forcible resistance to the execution of the acts of 
the general government, as was done by the State of South Carolina in 1833. 
They communicated their resolutions and opinions to the other States of the 
Union, for the purpose of ascertaining their views, and that a remedy might be 
provided for a constitutional preventive of such arbitrary laws, as they sup- 
posed they were. Perhaps it was a rash and unjustifiable measure to adopt 
such resolutions ; but it should be remembered that they appealed to other 
State legislatures to decide on the question, with the intention of inducing 
Congress to repeal the laws so obnoxious to them. It does not appear that 
they meditated forcible resistance to the execution of the laws of tlie federal 
government, but only to assert the right of a State legislature to remonstrate 
against an act of Congress believed to transcend the power granted by the 
national compact. 



360 FEDERAL GOVERNIVIENT. [1828 

to dictate. They were originally independent nations, or 
tribes; and they had rights, uncivilized and illiterate as 
they were, which were to be recognized and respected by 
the general government. And yet it was deemed proper to 
exercise, in some measure, a guardian and superintending, 
or controhng authority over them, to preserve peace among 
them, and to save them from impositions and frauds from 
individuals in the United States. Such indeed had been 
the views of the federal rulers from the first. 

The opinion of President Adams, as to the political con- 
dition of these uncivilized tribes, and of the relations be- 
tween them and the government of the United States, is 
clearly indicated by the following paragraph in his last 
annual message to Congress, December, 1828. — "At the 
establishment of the federal government under the present 
Constitution of the United States, the principle was adopted 
of considering them as foreign and independent powers, and 
also as proprietors of lands. They were, moreover, con- 
sidered as savages, with whom it was our policy and our 
duty to use an influence in converting to Christianity, and 
bringing within the pale of civilization. As independent 
powers, we negotiated with them, by treaties ; as proprie- 
tors, we purchased of them all the lands which we could 
prevail on them to sell ; as brethren of the human race, 
rude and ignorant, we endeavored to bring them to the 
knowledge of religion and of letters. The ultimate design 
O was to incorporate in our own institutions that portion of 
them, which could be converted to the state of civilization. 
In the practices of European States before our Revolution, 
they had been considered as children to be governed, as ten- 
ants at discretion, to be dispossessed as occasion might re- 
quire ; as hunters, to be indemnified by trifiing concessions 
for removal from the grounds on which their game was extir- 
pated. In changing the system, it would seem as if a full 
contemplation of the consequences of the change had not 
been taken. We have been far more successful in the ac- 
quisition of their lands than in imparting to them the prin- 
ciples, or inspiring them with the spirit of civilization. But 
in appropriating to ourselves their hunting grounds, we 
have l3rought upon ourselves the obligation of providing 
them with subsistence ; and when we have had the rare 
good fortune of teaching them the arts of civilization and 
the doctrines of Christianity, we have unexpectedly found 
them forming, in the midst of ourselves, communities 
claiming to be independent of ours, and rivals for sove- 
reignty within the territory of the members of our Union. 



1828 J ADAMS. 361 

This state of things requires that a remedy should be pro- 
vided — a remedy which, while it shall do justice to those 
unfortunate children of nature, may secure to the members 
of our confederacy their rights of sovereignty and of soil."* 
The President referred, with approbation, to a plan pro- 
posed by the Secretary of War;f who, in his report at that 
time, had said, " that in their present destitute and deplora- 
ble condition, which is constantly growing more helpless^ 
it would seem to be not only the right, but the duty of the 
federal government to take them under its paternal care^ 
and to exercise, over their persons and property, the salu- 
tary rights and duties of guardianship. The most prom- 
inent feature in the present policy of the government, as 
connected with these tribes, is to be found in the efforts 
now making to remove them beyond the limits of the States 
and organized territories. A very extensive tract of coun- 
try, west and north of the Arkansas territory, remarkable 
for salubrity of climate, fertility of soil, and profusion 
of game, has lately been set apart for the colonization of the 
Indians. Liberal pecuniary inducements have been offered 
by Congress to emigrants, and many have already em- 
braced the ofler. But the ultimate success of the project 
has been greatly endangered, and may yet be defeated, by 
the operation of another prominent measure of government ; 
which, although suggested by the most humane motives, 
comes in direct conflict with the plan of colonization. | 

" The annual appropriation of ten thousand dollars to the 
purposes of educatmg Indian children, and teachmg them the 
mechanic arts, has had the effect to draw to almost every In- 
iian reservation, in addition to the agents and interpreters, 
a, considerable number of missionaries and teachers, with 
their families, who having acquired, chiefly by aid of the 
fund, very comfortable establishments, are unwilling to be 

* Here it seems to be admitted that the claims of State governments, over 
he Indian tribes, within their several limits, was just. But no ^ate authority 
3ould hence be justified in treating the tribes with oppression or severity, in 
ixercising authority over them. 

t Hon. James Barbour of Virginia, was then the secretary of the war de- 
partment. 

i However unpleasant this suggestion may be, to some pious and benevo- 
ent men, its propriety cannot justly be denied. Some missionaries have im- 
)rudeutly interfered in the affairs l)etween the Indian tribes and the general 
;overnment. Their motives, no doubt, were commendable, and they have 
leen instrumental of good, in some cases. But they have also sometimes 
tepped aside from their proper course, and advised the Indians not to remove 
lor give up their lands, when the government has been urging them to remove, 
a the belief that it would be for their benefit and preservatioa. 

46 



362 FEDERAL GOVERNMENT. [1828 

deprived of them by the removal of the Indians : and thus 
it is found that, while the agents specially employed by 
the government for this purpose, are engaged in persuading, 
by profuse distributions of money and presents, the Indians 
to emigrate^ another set of government agents are operating, 
more secretly to be sure, but not with less ejfect, to prevent 
such emigration. 

" If the project of colonization be a wise one. and of this 
I believe no one entertains a doubt, why not shape all our 
laws and treaties to the attainment of that object, and im- 
part to them an efficacy which will be sure to effect it % 
Let such of the emigrating Indians as choose, continue, as 
heretofore, to devote themselves to the chase, in a country 
where their toils will be amply rewarded. Let those, 
who are willing to cultivate the arts of civilization, be 
formed into a colony, consisting of distinct tribes or com- 
munities, but placed contiguous to each other, and con- 
nected by general laws which shall reach the whole. Let 
the lands be apportioned among families and individuals 
in severalty, to be held by the same tenures by which we 
hold ours ; with, perhaps, some temporary and wholesome 
restraints on the power of alienation. Assist them in form- 
ing and administering a code of laws adapted to a state of 
civilization.* Let the ten thousand dollars appropriation 
be applied, within the new colony exclusively, to the same 
objects for which it is now expended ; and add to it, from 
time to time, so much of our other annual contribution, as 
can be thus applied, without a violation of the public 
faith." As to those Indians who refused to remove, the Se- 
cretary of War proposed, that portions of land occupied by 
them, and sufficient for them, should be set apart for their 
sole use ; but that they should be subject to the municipal 
laws of the State in which they resided. 

The question of a just and proper treatment of the In- 
dian tribes in the United States ; touching their occupancy 
and claims of large tracts of land, of which they made no 
use, except that of hunting, their frequent wars among 
themselves, and their liability to frauds or oppression from 
individuals — had often been presented to the federal rulers, 
and been the cause of much anxiety and difficulty. In 

* A similar system was adopted, as to several tribes of Indions, in Massa- 
chusetts, at an early period; and was productive of good effects for some 
years; but the influence was not extensive nor lasting. The experiment 
served to confirm the opinion, which now generally prevails, that they cannot 
be civilized. They prefer a wandering, hunting, unsettled manner of life. 



1828] ADAMS. 363 

some parts of the United States, they claimed immense 
territories, which lay waste and without inhabitants, ex- 
cept that the hunter occasionally traversed them, or por- 
tions of them, in seeking for game.* It was therefore de- 
sirable to purchase these lands, for future settlement by 
citizens of the Union. And this was effected, to a great 
extent, on principles of fair and just contract. But as many 
of the tribes chose not to relinquish their lands, another 
difficulty arose, not so easily settled or removed. The 
State government, where they remained, claimed the juris- 
diction and sovereignty of all persons within its limits; 
while the Indians refused obedience, in many instances, 
except to their own laws and customs. As an abstract 
question, the claims of the State governments seem well 
grounded ; but in many cases, their treatment of the abo- 
riginal inhabitants were improper and severe ; and the 
measures adopted, in governing them, equally unwise and 
mijust.f 

* Their perfect and exclusive right to lands, used only for hunting, has al- 
ways been denied or doubted, in so far as that the consent of the government 
has been deemed necessary to render the title valid by law, when an individ- 
ual purchased their land. The tribes have not been allowed to sell their lands, 
in any State or colony, to individuals, without the sanction of the legislature. 
One reason for this was, indeed, to prevent all fraud or injustice towards the 
Indians; but on the consideration, also, that the grants of large tracts or terri- 
tories from the princes of Europe, gave only a pre-emptive claim, and that the 
government of each colony had the jurisdiction and sovereignty within its ter- 
ritory or patent. 

t The number of Indians within the United States, at this time, was supposed 
to be upwards of 303,000. In the State of Georgia, 5,000, — in Alabama, 
19,000,— in Mississippi, 23,000,— in Missouri, 5,000,— in Michigan, 9,000, — 
in Illinois, 5,000, — in Arkansas, 7,000, — 94,000 east of Rocky Mountains, — 
20,000 east of Mississippi river, and north of Illinois, &c. 



364 FEDERAL GOVERNMENT. [1829 



CHAPTER XIII. 

Andrew Jackson elected President. His character as a Statesman. His Po- 
litical Views. Promises Economy and Reform. Surrounded by flatterers, 
and under the influence of selfish Individuals. His professions of Impar- 
tiality, not fulfilled. Partial in his Appointments. Disposed to exercise too 
great Authority, under the plea of the Public Good, or of Executive Pre- 
rogative. His purpose to pay off' Public Debt; and to pursue the Plan of his 
Predecessors. This system commended by President Monroe, and pursued 
by Mr. Adams. The Finances in a prosperous state when General Jackson 
was elected President. The pretence of extravagant Expenses by President 
Adams not well founded. Prejudices against Banks. Opposition to Bank 
of United States. Opposed to Internal Improvements. 

Andrew Jackson, of Tennessee, succeeded Mr. Adams, 
as President of the United States, on the fourth of March, 
1829. He was a candidate for that high office, four years 
before, when Mr. Adams was chosen by the Representa- 
tives, on whom the election devolved in 1825, as there 
was no choice by the electoral colleges in the States. The 
political friends of General Jackson had not ceased in their 
efforts, from that time, to secure his election. He had some 
time held a high judicial office in Tennessee ; and was 
also several years a member of the Senate of the United 
States; but he was most distinguished for military prowess. 
He was alike brave and intelligent, as a military com- 
mander; but was sometimes accused of rash and arbitrary 
conduct. He rendered the nation eminent service in de- 
fending New Orleans, when attacked by a large British 
army in December, 1814, and January following. When 
afterwards, he was governor of the territory of Florida, he 
conducted with much decision and energy; but was charged 
with some arbitrary acts, which could only be justified — 
if justified at all — by the exigencies which occurred ; and 
which, in his opinion, required prompt and summary judg- 
ment. His friends claimed for him many high and honor- 
able qualities; and few doubted his regard for the welfare 
and liberties of the country. A great defect in his char- 
acter was his susceptibility to flattery ; by which he was 
led to adopt measures not entirely consistent with political 
magnanimity, nor compatible with a due respect for consti- 



1829] JACKSON. 365 

tutional principles, though without intention, it might be, 
to violate the letter or spirit of that sacred compact. 

President Jackson assumed great powers, doubtful pow- 
ers ; and was, in some instances, arbitrary in his official 
conduct. For whenever a public officer exercises power not 
clearly given in the Constitution, he may be said to act 
arhitrar'dij. And nothing can justify one in such cases, 
except the most evident and urgent necessity, and when 
omission to act would injure or endanger the public good : 
for some temporary evil had better be endnred, than great 
constitutional principles be disregarded, with the pretence 
of removing it. 

In a military commander, there must be some discre- 
tionary power : but even in him, the power should be ex- 
ercised with great caution, and is rarely justifiable, if con- 
trary to or exceeding his legitimate authority, and the direc- 
tions given him by the civil power. And undoubtedly the 
discretionary authority claimed by military officers are 
often abused, or unnecessarily exerted. But cases very 
seldom occur in a republic, where the powers and duties 
of an officer of the government are clearly defined, and 
where laws are as much a rule for him as for the people 
generally, in which the exercise of powers, not delegated, is 
necessary or justifiable. If a difficult question arises, its 
solution should be left to the legislative branches of the 
government, to the representatives of the people, and not 
hastily decided by the executive officer alone. It is suffi- 
cient for him to refer the case to the determination of Con- 
gress. President Jackson in some instances of his executive 
conduct was considered arbitrary, and as having assumed 
responsibility which did not belong even to his high station, 
and when an omission to act could not be justly charged 
against him as any dereliction of official duty, or as endan- 
gering the public welfare. It is unhappily the fact also 
that when a man's passions and prejudices are enlisted in 
a cause, however patriotic his intentions, he is liable to 
err, and to exceed the authority given him by his consti- 
tuents and the laws. 

The assumption of power, not delegated to a public 
agent, is always dangerous : and it is a poor apology, in 
such a case, that the public good seemed to require it or 
that he is only carrying out the wishes of the people. For 
what are the opinions and wishes of the majority, in a re- 
public or democracy, where the people are liable to great 
and sudden excitement, and to erroneous opinions, from 
the intrigues and clamors of a few selfish men, cannot be 



366 FEDERAL GOVERNMENT. [1829 

correctly known by one surrounded by a political party : 
and in acting from sucli considerations and representations, 
the measures adopted may be very improper and highly 
dangerous. But, in conforming to the constitution and the 
laws, there is no danger ; certainly, there is no error in the 
officer or magistrate. Republics have thus often been de- 
stroyed, and have degenerated into arbitrary governments 
and absolute monarchies. If the constitution and the laws 
are not a rule, and of binding force, with men in power, 
there are no barriers against despotism ; there is no security 
for liberty and equal rights. 

Of the subjects long under discussion and negotiation 
with foreign nations, the most important, left unsettled by 
President Adams, were that of the commercial intercourse 
with great Britain, and that of demands on France for in- 
demnity, on account of depredations on the commerce and 
navigation of the United States, during the revolutionary 
period of the French nation. Efforts had been making, for 
more than ten years, to obtain compensation for these 
losses, but the subject had not been finally and satisfac- 
torily settled. And the restrictions, imposed by the British 
government, on the trade between that country, especially 
its colonial ports, and the United States, had not been re- 
moved. 

In July, 182.5, the former colonial policy was somewhat 
changed by the British administration ; and eftbrts were 
made for supplying the West India islands, which had re- 
ceived various articles from the United States, from their 
possessions on the continent of America, from Canada, 
Nova Scotia, and New Brunswick. Trade was opened to 
and with all other nations, to which colonies belonged ; so 
that the United States was excluded from the benefits 
which the nations of Europe might secure. There was 
another difficulty attending the subject. While the federal 
administration was considering in what way the United 
States could best avail itself of this measure of the British 
government, the latter, in July, 1826, passed an order ex- 
cluding the vessels of the United States from their colonial 
ports. And in this state, the commercial relations of the 
two countries remained when President Adams retired from 
office.* 



* Mr. Gallatin, envoy at the court of London, returned in 1827; and no 
other minister was appointed by Mr. Adams. In 1829, President Jackson 
appointed Mr. McLane, of Delaware, to the British court; Mr. Rives, of Vir- 
ginia, to the court of France; and Mr. Van Ness, of Vermont, to Spain. 



1829] JACKSON. 367 

In his inaugural address, President Jackson expressed 
sentiments and views generally acceptable to the people 
through the Union ; and it was predicted that his admin- 
istration would be propitious to the welfare and honor of 
the nation. He had always professed a high regard for his 
predecessors, and particularly of Mr. Adamrs, for his abihty 
and patriotism, as well as for his great pohtical experience 
and knowledge : and he had previously expressed opinions, 
which indicated a superiority to party feelings, and which 
authorized the belief of impartiality and magnanimity in 
his appointments to office ; but a ditferent spirit was early 
displayed, showing a purpose to place none in power but 
his devoted political supporters ; a weakness, subjecting him 
to the influence of the selfish and intriguing. 

The message of President Jackson, in December, 1829, 
served further to express his views on political subjects, and 
on the policy most conducive to the welfare and prosperity 
of the country. In referring to the condition and prospects 
of the United States, as a great republic, he rendered high 
praise to the ability and services of his predecessors. " Our 
mutual gratulations, and our devout thanks to a benign 
Providence are called for, as we are at peace with all man- 
kind, and our country exhibits the most cheering evidence 
of general welfare and progressive improvement." Speak- 
ing of the relations of the United States with Great Britain, 
France, and Spain, with the governments of which nego- 
tiations had been several years maintained for deciding 
questions of commerce, claims, and boundaries, he expressed 
his belief that no hostile feelings or views existed, although 
full justice had not been done to this country, and there was 
a want of that spirit of magnanimity, in some cases, which 
had been expected; and that there was reason to hope for 
an amicable termination of all questions which had before 
been unsettled. These principally related to the colonial 
trade and boundaries with Great Britain; to demands for 
spoliations with France ; and to claims on Spain for depre- 
dations, as well as to the formation of a commercial treaty. 
Congress were informed that these subjects had received 
the anxious attention of the executive, but that the issue 
was not known, as the ministers employed for the purpose, 
had not yet time to come to an)'" definitive results. 

It had, for some time, been the policy of the federal gov- 
ernment to keep an adequate naval force in the Mediterra- 
nean, to deter the Barbary powers from committing depre- 
dations on American citizens and their property. And it 
had the effect of producing a friendly conduct in those pow- 



368 FEDERAL GOVERNMENT. [1829 

ers towards the United States ; whatever might be their 
disposition to injure its commerce, had there been no means 
to protect it. By employing several ships of war in the Pa- 
cific ocean, protection had also been afforded to American 
vessels engaged in the whale fishery in that sea. The 
President bore testimony to the wisdom and benefits of 
these measures. He complained of the conduct of the 
Mexican government ; which, if not absolutely hostile, 
could not be justly considered so amicable as had been ex- 
pected from that republic, professing so great regard for the 
character, and so strong a desire for friendly relations with 
the United States. That government had refused to ratify 
a treaty, a short time previously prepared by ministers of 
both republics : and for the confirmation of which the fed- 
eral administration was very desirous, as its provisions were 
deemed favorable to the United States. The minister from 
the United States had also been an object of jealousy and 
unfriendly treatment by the Mexican court, without any 
reasonable cause, and his recall strongly urged upon the 
President. He therefore returned, by order of President 
Jackson, in 1829 ; a proper measure, when thus requested, 
whether he were justly or unjustly charged with miscon- 
duct in his official capacity. The President, however, ex- 
pressed his entire satisfaction with the conduct of that 
minister on the occasion.* 

A treaty with the Emperor of Brazil was concluded and 
signed, in December, 1828; and was ratified by the Presi- 
dent and Senate the ISth of March, 1829. This was a 
general convention of peace, friendship, commerce, and 
navigation. The minister of the United States, who signed 
the treaty, was appointed by President Adams, sometime 
before ; for it had long been an object with the federal gov- 
ernment to maintain friendly relations with the Erazillian 
Emperor, and to form a treaty similar to those with Euro- 
pean powers. The terms of the convention were deemed 
favorable to the United States, as the territory of Brazil 
afforded a market for bread stuffs and other products of the 
nation. And many articles were imported from the prov- 
inces of Brazil which were needed by the people of the 
United States. These were to enjoy the privileges of the 
most favored nation, except that of Portugal, which was 
the parent State of Brazil, and whose Emperor was of the 
royal house of Braganza. 

* Joel R. Poinsett was at that time minister from the United States to 
Mexico. The principal objection to his conduct, by the Mexican government, 
was alleged interference with the society of free-masons. 



1829] JACKSON. 369 

Great changes were made by President Jackson, soon 
after he came into power, in the pubHc agents and officers 
of government, of all classes and grades : in the cabinet, 
in the department of diplomacy, and in all subordinate 
stations. It was expected that the members of the cabinet 
would be selected from among his political and personal 
friends ; and that such also would, in most instances, be ap- 
pointed to office, where there were then vacancies, or as they 
should occasionally occur. But in a great number of cases, 
within one year, removals from office were made solely on 
account of political opinions, or to reward the devoted 
friends of the President. Among others, William H. Har- 
rison, then minister to the republic of Columbia, by appoint- 
ment of President Adams, a short time before, was recalled, 
for the purpose of giving office to a personal friend of 
the President, believed to be inferior in talents, experience^ 
and public service, to that able and faithful patriot. 

These numerous removals from office of capable and up- 
right men, indicated a spirit of political intolerance, entirely 
unjustifiable, if abstractly considered, and inconsistent with 
the professed opinions of the President, at a former period. 
He yielded too much to the representations and solicitations 
of selfish individuals, who sought their own emolument, 
with little regard to the public welfare. This narrow policy 
was not, indeeed, entirely new imder the Jackson dynasty. 
Mr. Jefferson introduced it when he was chief magistrate 
of the Union. Not, indeed, to the extent in which it was 
practised by President Jackson ; but the principle was the 
same. And it was surprising in Mr. Jefferson, who pos- 
sessed enlarged and philosophical views, and who admitted, 
that, with some differences of political opinior^s, " the citi- 
zens were all ^'•federalists and all were republicans.''^ In 
some of the States also, at a period subsequent to the pres- 
idency of Mr. Jefferson, the governors imitated this intol- 
erant and persecuting spirit ; and many faithful and capable 
public officers were deprived of their places, merely because 
they did not belong to the dominant party. Those who 
had acquiesced in this mistaken policy, in the time of Pres- 
ident Jefferson, and under the governors of some of the 
States, or who had refrained from expressing their disap- 
probation of it, were now found to be the loudest in their 
complaints, and most ready to express their reprobation of 
such an abuse of power. 

The President's views expressed in this message to Con- 
gress, were truly republican ; but his political opponents 
had cause to complain, that his official conduct was not 
47 



370 FEDERAL GOVERNMENT. [1829 

always in accordance with his professions. " There are, 
perhaps," he said, " few men who can, for a great length 
of time, enjoy office and power, without being more or less 
under the influence of feelings unfavorable to the faithful 
discharge of their public duties. Their integrity may be 
proof against improper considerations immediately addressed 
to themselves ; but they are apt to acquire a habit of look- 
ing with indifference upon the pnbhc interests, and of tol- 
erating conduct, from which an unpractised man would 
revolt. Office is too apt to be considered as a species of 
property ; and government rather as a means of promoting 
individual interests, than as an instrument created solely 
for the benefit of the people. Corruption in some, and in 
others a perversion of correct feelings and principles, divert 
government from its legitimate ends ; and make it an engine 
for the support of the few at the expense of the many. — 
The duties of all public officers are, or admit of being made 
so plain and simple, that men of intelligence may readily 
qualify themselves for their performance : and 1 cannot but 
think that more is lost by the long continuance of men in 
office, than is generally to be gained by their experience." 
A recommendation was made by the President to have the 
commission of most public officers for the term only of four 
years, as was before provided by law, with respect to those 
who are receivers of the public monies. It would have 
been happy for the government and for the people, if such 
regulation always existed; and if it were strictly enforced. 
Many millions would have been saved by the nation, during 
the administration of President Jackson, had the regulation 
been faithfully observed and enforced. In an extensive 
country like the United States, where there is a necessity 
for a great number of public agents, there will be numerous 
defalcations and embezzlements, except a strict and prompt 
accountability is required and maintained. 

The following paragraphs from the President's message 
to Congress at this time, will show the state of the public 
finances and revenue, and the resources of the country, as 
they were apprehended by his mind; but they were not 
materially different from the statement made by his prede- 
cessor the year before. 

" No considerable change has occurred, during the recess 
of Congress, in the condition of either our agriculture, com- 
merce, or manufactures. The operation of the tariff" has 
not proved so injurious to the two former, nor so beneficial 
to the latter, as was anticipated. Importations of foreign 
goods have not been sensibly diminished ; while domestic. 



1829] JACKSON. 371 

competition, under an illusive excitement, has increased the 
production much beyond the demand for home consump- 
tion. The consequences have been low prices, temporary 
embarrassment, and partial loss. That such of our manu- 
facturing estabUshments as are based upon capital, and are 
prudently managed, will survive the shock, and be ulti- 
mately profitable, there is no reason to doubt. 

" To regulate its conduct so as to promote equally the 
prosperity of these three cardinal interests, is one of the 
most difficult tasks of government ; and it may be regretted, 
that the complicated restrictions which now embarrass the 
intercourse of nations, could not, by common consent, be 
abolished ; and commerce be allowed to flow in those chan- 
nels to which individual enterprise, always its surest guide, 
might direct it. But we must ever expect selfish legislation 
in other nations; and are therefore compelled to adapt our 
own to their regulations, in the manner best calculated to 
avoid serious injury, and to harmonize the conflicting in- 
terests of our agriculture, our commerce, and our manufac- 
tures. With these impressions, the attention of Congress is 
invited to the existing tariff", in the belief that some of its 
provisions require modification. 

" The general ride to be applied, in graduating the duties 
upon articles of foreign growth or manufacture, is that 
which will place our own in fair competition with those of 
other countries ; and the inducements to advance even a 
step beyond this point, are controlling in regard to those 
articles which are of primary necessity in time of war. 
When we reflect upon the difficulty and delicacy of this 
operation, it appears important that it should never be at- 
tempted but with the utmost caution. Frequent legislation, 
with regard to any branch of industry, aflecting its value, 
and by which its capital may be transferred to new chan- 
nels, must always be productive of hazardous speculation 
and loss, 

"In deliberating therefore, on these interesting subjects, 
local feelings and prejudices should be merged in the patri- 
otic determination to promote the great interests of the 
whole. All attempts to connect them with the party con- 
flicts of the day, must prove injurious, and ought to be dis- 
countenanced. Our action on these subjects should be 
under the control of higher and purer motives. Legislation, 
subject to such influences, can never be just ; and will not 
long retain the sanction of the people, whose active pa- 
triotism is not bounded by sectional limits, nor insensible to 
that spirit of concession and forbearance, which gave life to 



372 FEDERAL GOVERNMENT. [1829 

our political compact, and still sustains it. Discarding all 
calculations of political ascendency, the North, the South, 
the East, and the West, should unite in diminishing any 
burthen, of which either may justly complain. 

"The agricultural interests of our country are so essen- 
tially connected with ev^ery other, and so superior in im- 
portance to them all, that it is scarcely necessary to invite 
your particular attention to it. It is principally as manu- 
factures and commerce tend to increase the value of agri- 
cultural productions, and to extend their application to the 
wants and comforts of society, that they deserve the foster- 
ing care of government." 

The views of President Jackson here expressed, do not 
differ materially from those of his predecessors on these 
subjects. But while all concurred in attaching importance 
to agriculture, and in recommending its interests to the fos- 
tering care of Congress, there was very little direct legisla- 
tion for securing the prosperity, and improving the condition 
of that great branch of national wealth. The natural and 
common doctrine of leaving each department of industry 
and enterprise to take care of itself, as inclination and profit 
dictate, seems to have been adopted with respect to agricul- 
tural pursuits; while particular laws have been passed, at 
various periods of the government, for the protection of 
commerce and manufactures. Commerce has received the 
favor of government indeed, for its great contributions to 
the public revenue ; and it would be most unwise and un- 
just, to withhold from it the protection it receives. In a 
young and growing country like the United States, it would 
have been impolitic also, to refuse all encouragement to 
manufactures. The principal objection to the tariff of 1824 
and of 1828, was that too much encouragement was given 
to manufacturers, and that they received a degree of public 
patronage far exceeding that granted to any other class of 
citizens. With an enlightened politician, the great questions 
would be, What measure of protection can impartially and 
justly be granted to any particular branch of industry? 
And how will such patronage affect the revenue and the 
finances of the government ? President Jackson was cen- 
sured by a portion of the community, as an enemy to do- 
mestic manufactures, because he doubted the policy of the 
tariff of 1828, and recommended a revision of it, as it was 
unequal and oppressive in its operation in some parts of 
the Union. But he did not disapprove of the policy of af- 
fording a reasonable encouragement to domestic industry ; 
nor did he, in his public communications to Congress, differ 



1829] JACKSON. 373 

essentially from the opinions expressed by his immediate 
predecessor, on the subject, particularly in his last annual 
message to the national legislature. 

The question of granting special encouragement to man- 
ufactures in the United States, at this period, and for some 
years previously, was one of great excitement throughout 
the Union. The manufacturers solicited and demanded a 
greater measure of aid from the government, than was 
deemed proper by many to aflbrd. The protection first 
granted in 1816, met with very general approbation. But 
the law of 1824, which imposed higher duties on cotton and 
woollen goods, expressly for the benefit of manufactures, 
even at the hazard of a great diminution of the revenue ; 
and that of 1828, raising the duties still higher in some 
cases ; were opposed by a large portion of the people, 
through the United States ; and in some States was de- 
nounced as unjust and even unconstitutional. The more 
intelligent and experienced statesmen were in favor of the 
patronage of the general government towards manufacturers, 
so far as might be effected by regulations operating equally 
in all sections of the country ; as should not bring any det- 
riment to commerce and navigation ; and as should not in- 
duce too great a part of the people to neglect agriculture, 
and engage in manufactures, from the expectation of enjoy- 
ing the peculiar favor and patronage of government. 

A strong desire was expressed by the President for effect- 
ing the payment of the national debt with all possible 
promptitude. He recommended such an annual payment, 
as that the whole might be extinguished in the term of 
eight years. But this was not a new policy, nor a plan 
peculiar to him. A system had been established ten years 
before, in the presidency of Mr. Monroe, for reducing the 
public debt of the United States in the sum of ten millions 
annually. Mr. Adams adopted the same policy; and in 
the course of eight years about one half of the debt had 
been discharged. Pursuing a similar course, the present 
administration might justly be expected to pay the whole 
which remained, besides liberal expenditures for all impor- 
tant, national purposes. 

Notwithstanding the high duties imposed by the law of 
1828, on several kinds of imported goods, the revenue had 
increased in 1829, to a large amount : owing in part how- 
ever, to extensive sales of the public lands. For at this 
period the purchasers of lands in the west and northwest, 
belonging to the United States, had greatly increased. 
With these means, twelve millions of dollars were paid of 



374 FEDERAL GOVERNMENT. [1829 

the national debt ; but particular efforts were made by the 
administration to pay as large an amount of it as possible. 
The public deposites were appropriated for this purpose, 
which caused considerable pressure in the monetary con- 
cerns of the country. " And it was apprehended," the 
President said in his annual message to Congress, " that 
the sudden withdrawal of so large a sum from the banks, 
in which it was deposited, at a time of unusual pressure in 
the money market, might cause much injury to the in- 
terests dependent on bank accommodation. But this evil 
was wholly averted by an early anticipation of it at the 
treasury ; aided by the judicious arrangements of the officers 
of the bank of the United States.''^* 

The wise management of the fiscal concerns of the gov- 
ernment, under former administrations, was recognized by 
President Jackson, in his public address to the national 
legislature, at this time. " The state of the finances, ex- 
hibits the resources of the nation, in an aspect highly flat- 
tering to its industry, and indicative of the ability of gov- 
ernment, in a short period, to extinguish the public debt. 
When this shall be done, our population will be relieved, 
from a considerable portion of its present burthens ; and 
will find, not only new motives to patriotic affection, but 
additional means for the display of individual enterprize. 
The fiscal powers of the several States will also be in- 
creased, and may be more extensively exerted in favor of 
education and other public objects; while ample means 
will remain in the federal government to promote the gen- 
eral weal, in all the modes permitted to its authority." 

The attention of Congress was at this time called, by the 
President, to the consideration of the disposal of the surplus 
revenue, after the extinguishment of the national debt, 
which would probably be in eight years. He deemed it 
prudent to prepare for such distribution before that event 
occurred. And one great inducement with him to recom- 
mend the distribution of the surplus revenue, on the pay- 
ment of the public debt, was, that it would be more proper 
for the individual States to make appropriations according 
to their own views, than for the general government. For, 
like some of his predecessors, he had doubts of the consti- 
tutional authority of Congress to expend the funds of the 
nation for internal improvements. 

* At this period, it appears that the President had a favorable opinion of the 
bank of the United States. The government then held stock in that bank, to 
the amount of seven milhons of dollars. 



1S29] JACKSON. 375 

In this first message of President Jackson to Congress, 
giving his views of the fiscal concerns of the government, 
he refers to the various instances of default in disbursing 
officers for several years preceding; and invites the con- 
sideration of the federal legislature to the subject, with a 
view to their providing more effectual preventives of 
similar evils in future. Similar suggestions had been made 
to Congress by President Monroe, and President Adams ; 
by whose recommendations laws were passed more care- 
fully to guard the public money in the hands of receiving 
agents, by requiring frequent statements from them, and 
prompt settlement of accounts at short periods, fines, and 
removals from office. But all these gnards proved inef- 
fectual, and the losses sustained by the government still 
occurred every year to a large amount. The laws ap- 
peared to be sufficient, on this subject ; and the frequency 
of these defalcations were probably owing, in part, to the 
want of energy and fidelity in the higher officers of gov- 
ernment, whose duty it was to examine into the conduct 
of subordinate agents, who were receivers of the public 
money; and to punish or promptly remove the delinquents, 
and to exact pay of their bondsmen. 

President Jackson's views and professions on this subject 
were correct and proper ; but, from a want of due care in 
some of the principal officers in the executive department, 
during his administration, defaulters were more numer- 
ous than they had been at any former period. The delin- 
quents were kept in office, in many cases, long after their 
defaults were manifest, either from a desire not to make 
those enemies to the administration who had been its 
friends and supporters ; or from too great lenity in the su- 
perior officers whose duty it was to bring the defaulters to 
just punishment. The President recommended a discharge 
or a remission of the debt from public agents who were 
delinquents unconvicted of fraud. His motives might have 
been generous and humane ; but in all financial concerns 
of a pubhc nature, the careless and extravagant agent of 
government, should be held to a strict accountability. His 
motives cannot be known. Nothing but evident accident, 
entirely beyond his control, should be an apology sufficient 
to save him from public punishment. The experience of 
many centuries, in the nations of Europe, fully proves the 
necessity of severity or strictness towards all who are em- 
ployed in receiving and disbursing the funds of govern- 
ment. 

The President did not omit to refer to the condition of 



376 FEDERAL GOVERNMENT. [1830 

the Indian tribes in the United States, and especially to 
those within the limits of a particular State. He was in 
favor of the plan of their removal, similar to that proposed 
by the Secretary of War, in the administration of Presi- 
dent Adams. He felt the difficnlty of deciding as to the 
proper and jast treatment of them by the general govern- 
ment. He professed a desire for their welfare, for the sup- 
port of their rights, and for their improvement in the arts 
of civilized life: and in these respects, did not differ in 
opinion from the former federal executives. But his views 
were different from theirs, as to the authority of the State 
governments over them, within whose limits they resided. 
His opinion of State rights was such as to lead him to the 
conchision, that the Indians must submit to the jurisdiction 
and laws of the State where they lived ; whereas the doc- 
trine of most other statesmen was that they were to enjoy 
their own customs and regulations, subject only to the 
government of the United States ; thus excluding all author- 
ity in an individual State to control or interfere with them. 
The States of Georgia and Alabama, had previously set up 
a claim to govern the Indian tribes, v/ithin their respective 
limits, in all cases : and they also demanded of Congress 
the removal of the tribes to some distant territory. 

Former administrations had also been desirous of their 
removal, if they could be persuaded to do so; but had not 
admitted a right in a State to interfere with their municipal 
concerns, nor to compel their submission to its laws. And 
hence the previous dispute between the State of Georgia 
and the United States. President Jackson seems not at 
that time to have been in favor of any compiilsioii for their 
removal ; but was inclined to admit the right of a State, 
where they were situated, to extend its jurisdiction over 
them. But the measures adopted afterwards, during his 
administration, to induce their removal, were by many 
deemed unjustifiable, and was a matter of great complaint 
against him. 

By an act of Congress of May, 1830, provision was made 
for reviving and opening the direct trade with the British 
ports in the West India islands ; which had long been pre- 
vented by the measures of the British government. The 
terms proposed in this act of Congress were accepted by 
the British administration, after having put their own con- 
struction on them ; which the English minister said were 
somewhat obscure, and which he interpreted in a manner 
most favorable to his nation : and the American minister 
and administration, were desirous perhaps of having the 



1830] JACKSON. 377 

honor of negotiating successfully on the subject, which 
for many years could not be favorably adjusted by the 
preceding administrations. But the British ministry 
availed themselves of the obscurity in the act of Congress, 
and thus derived great commercial advantages from it, 
while the navigation of the United States received very 
little benefit under its operation. 

The ports in the West Indies were, indeed, opened to ves- 
sels of the United States, with their products, on terms of 
reciprocity ; but the same privilege was not secured for the 
trade with the British colonies in the north and northeast parts 
of the United States. And the consequence was, that the 
British enjoyed almost the entire carrying trade between 
those colonies and the ports of the American States. The 
trade with the islands was not so profitable as formerly, and 
gave much less employment to American navigation. The 
vessels from the British northern provinces and ports had 
free access to the United States on favorable terms, which 
the vessels of this country did not enjoy in visiting those 
colonies.* On the approbation of the act of Congress, by 
the British ministry being declared, and their consent to its 
proposals, when construed as they chose, officially made 
known to the federal administration, the President issued a 
proclamation, in October, 1830, declaring the terms of the 
act of Congress to have been accepted by the British gov- 
ernment as to the West India ports, and therefore that the 
ports of the United States were opened to British vessels 
from those islands : and declaring further, the admission of 
British vessels from the northern provinces, but without 
stating the terms on which they were to be admitted. This 
course of the administration was not approved by the mer- 
cantile portion of the community ; and was generally con- 
sidered to be unfavorable to the commercial prosperity of 
the United States, as yielding too much to the interests of 
Great Britain. 

By the statement of the President, respecting the Post 
Office department, at this time, it appeared to have been con- 
ducted with great intelligence and fidelity. " The report of 
the PostMaster General," he said, "was highly satisfactory. 
Abuses had been reformed, its revenue improved ; and the 

* The act of Congress referred to the British ports in the West Indies, and 
stated the terms on which the ports in the United States were to be opened 
to British vessels from those places. But did not extend these conditions to 
the north and northeast provinces of Great Britain. The trade to and with the 
latter remained as fornaerly regulated. 

48 



378 FEDERAL GOVERNMENT. [1830 

mail transported with increased expedition."* The admin- 
istration of this department was attended with many dif- 
ficulties. There were constant requests for new routes for 
conveying the pnbHc mail. Every village in the Union, 
however small, and every new settlement, petitioned for the 
privilege of a Post Office : and many of them did not afford 
business suflicient to compensate the carriers. But it was 
deemed important, that every facility should be afforded for 
the circulation of newspapers and other publications, for 
the information of all classes of the people. The affairs 
of this useful department were not so skilfully nor so for- 
tunately managed afterwards ; whether from want of com- 
petency or attention does not appear: but it soon fell into 
a state of embarrassment ; and the expenses of the depart- 
ment, in 1833, far exceeded its income. 

As had been done by his predecessor, the President at 
this time recommended a revision of the judiciary system, 
for the purpose of extending equal privileges, resulting ^om 
that department of the government, to the citizens in the 
new, with those in the original States. Several States had 
then been formed in the Union, within twelve years ; but the 
federal courts were held less frequently and in fewer places, 
in these new States, compared to the extent of territory, than 
in the old States. The subject had been under consideration 
in Congress at several previous sessions ; but from a diversi- 
ty of opinion, as to the number of additional justices, and 
the places of holding the courts, nothing had been decided. 

The President referred in this message to the Bank of the 
United States, although its charter would not expire for 
more than six years. He said, " that both the constitution- 
ality and the expediency of the bank were questioned by a 
large portion of the people :" and also expressed his own 
opinion, " that it had failed in the great end of establishing 
a uniform and sound currency." He probably had reference 
to the people in the interior, and not in the States Avhere 
they were concerned in commerce and navigation ; for the 
merchants and others, in the Atlantic States, were generally 
in favor of that bank; and they also fully believed that it 
did much to sustain a sound and uniform currency through 
the Union ; which could not be supported without it. 

If a similar rnonied institution were necessary, the Pres- 
ident was of opinion, that one wholly of a national charac- 

* John McLean of Ohio, was then at the head of the Post Office depart- 
ment; but was soon after appointed a Justice of the Supreme Court of the 
United States. 



1830] JACKSON. 379 

ter, under the sole and exclusive direction of the federal 
government, and founded on the credit of the government, 
would be most proper. This was, in fact, the germ of the 
sub-treasury system of a later period ; which proposes to 
keep the public monies in the hands or under the control of 
the executive; and to exclude the citizens from all the ben- 
efits they enjoyed by means of the bank of the United States, 
and would, in a great measure, remove the public funds from 
the power of Congress. In this institution, as originally de- 
signed in 1791, and then still maintained, the merchants 
often found relief; and if there were ever any defects 
in the management of the bank, they were not to be named 
as objections to its continuance, when compared to the ben- 
efits resulting to the citizens engaged in trade and commerce ; 
and through them to the whole nation, and to the prosper- 
ous state of the finances of the government itself 

This session of the federal legislature continued for six 
months ; and the following laws were the most important 
which were passed during that period — for the re-appropri- 
ation of thirty thousand dollars, for the suppression of the 
slave trade, which had been appropriated two years before, 
but was not expended, and which was founded on an act 
of Congress of 1819 — for repealing an act imposing tonnage 
duties on vessels, of which the officers and two thirds of the 
seamen were citizens of the United States — for the more 
effectual collection of impost duties, appointing eight ad- 
ditional appraisers to examine goods imported ; but no new 
regulations to prevent defaults in the officers of the cus- 
toms — for the appointment of an additional officer to be 
attached to the treasury department, called the solicitor of 
the treasury — for reducing the rate of duties on tea and 
coffee, as recommended by the President in his annual mes- 
sage ; also on salt and molasses, and allowing a drawback 
on spirits exported, distilled from that article, which the 
existing laws did not permit — for allowing a portion of the 
claims of Massachusetts for services and expenses of the 
militia in 1812 — 1814, in time of war, and for which 
that State had not been reimbursed ; the amount allowed 
being four hundred and thirty thousand dollars, about half the 
sum claimed — for theremoval of the Indians from lands occu- 
pied by them within any State of the Union, to a territory 
west of the river Mississippi, and without the limits of any 
State, or organized territory, and belonging to the United 
States, by purchase or relinquishment of the Indians, by 
treaty ; to divide such western territory into districts, for 
the reception and permanent settlement of those who should 



380 FEDERAL GOVERNMENT. [1830 

consent to emigrate from their residence on the east of that 
river, they relinquishing all claims to lands they then occu- 
pied ; the tribes to have the solemn assurance of govern- 
ment, that it will forever secure and guaranty to them and 
their posterity, the tract of country so exchanged with them 
for the lands they should quit in Georgia, Alabama, and 
any other States ; and should they abandon the territory at 
a future time, the same to revert to the United States : the 
Indians to have the amount of their improvements made 
on the lands they may leave ; to be aided in their removal, 
and supported for one year by the federal government ; to 
be protected against assaults from other tribes in the vi- 
cinity of their new residence ; and five hundred thousand 
dollars were granted for these purposes. 

The receipts in the public treasury for the year 1829, 
from customs, sale of lands, &c., amounted to the sum of 
twenty-four millions eight hundred tA\;^ty-seven thousand 
six hundred twenty-eight dollars, being a little over those 
for the year 1828; which were twenty-four millions seven 
hundred sixty-three thousand six hundred thirty dollars ; 
and in 1830, it was about twenty thousand dollars greater 
than in 1829, and one hundred twenty thousand above the 
amount in 1828. The public expenditures for the same 
years amounted, in 1828, to twenty-Jive millions four hun- 
dred and fifty-nine thousaiid dollars ; in 1829, to ticenty- 
ftve millions and forty-five hundred dollars; in 1830, to 
twenty-four m,illions six hundred thousand dollars ; in 1831, 
to thirty m^illions and thirty-eight thousand dollars ; and in 
1832, to thirty-four m,illions three hundi^ed and fifty-seven 
thousand dollars.^ 

During this session of Congress, a highly interesting de- 
bate took place in the Senate, on a resolution offered by one 
of the members, relating to the public lands, which were 
very extensive, and estimated of great value to the nation. 
The sales were so loosely managed as that little, com- 
paratively, was received in the public treasury : some was 
sold to speculators ; much was nominally purchased, but 
payment not enforced ; and large tracts, belonging to the 
Union, within the new States, were constantly granted to 
those States respectively, for internal improvements, and 
means of education therein. The consequence was, that 
the original States received little advantage from these 
lands, though they were originally ceded or acquired for 

* And the expenses of the government were gradually increased for several 
years, even after the public debt was paid. 



1830] JACKSON. 3S1 

the benefit of the whole Union. There had been already 
several systems proposed for regulating the sale and apply- 
ing the proceeds of them. Some of the new Slates were so 
extravagant as to claim all the public lands within their 
limits. Others proposed to sell them immediately; which 
would permit a few speculators to purchase the whole, — 
And some were in favor of selling low, and waiting a long 
period for the payment; with a view to accomphsh their 
more speedy settlement.* 

The resolution offered was to abolish the office of the 
land commissioner, and to suspend the sale of public lands 
for some years, when they would probably be of more 
value. The subject was justly interesting to all the mem- 
bers of the Senate ; for the results of these various plans 
must be very different to the States. Generally, the Sen- 
ators from the old, and those from the new States, enter- 
tained opposite views on the subject. And a Senator from 
South Carolina, asserted and labored to prove, that the 
eastern States especially, were disposed to retard the settle- 
ment of the western parts of the Union, from selfish or 
political views ; and therefore wished to prohibit the sale 
of the public lands, till some distant future period. It was 
intimated that the statesmen of the eastern part of the 
Union, were jealous of the growth of the west, as it would 
lessen their portion of influence in the general government, 
and would also drain them of much of their population, 
which would prove injurious to their manufacturing estab- 
lishments. Such suggestions were made by members from 
the south as well as from the west. Party or political 
views, perhaps, had an influence with some members in 
the views they expressed, and in the charges they made 
against the eastern States. For strange opinions are ad- 
vanced, and improper systems urged, not unfrequently, for 
party purposes; and those who cherish such purposes 
themselves are often ready to charge their opponents with 
sinister views. 

It had become customary, at this period, to take a wide 
range in debate, and to refer, by way of illustration or 
otherwise, to political subjects of a general nature, which 
divided the friends and the opponents of the administration. 
The Senator from South Carolina not only seized this oc- 

* It was stated at the time, that lands, to the amount of nine millions seven 
hundred and fifty thousand dollars, had been appropriated, from 1790 to 1829, 
for surveys, for public roads, for academies and schools, and for various works 
of internal improTements ; and almost exclusively for the benefit of the new 
States. 



383 FEDERAL GOVERNMENT. [1830 

casion to reproach Ihe eastern States with a design to pre- 
vent the settlement and increase of the western parts of the 
Union, from sectional or political views; but to plead for 
the doctrine of State rights and power, to a novel and 
alarming extent; though it had no necessary or immediate 
connection with the question before the Senate; contending 
that the several States within M'-hich the pubhc lands were 
situated, should have the entire control and jurisdiction 
over them. The real or direct question, arising out of the 
resolution before the Senate, was lightly touched by him ; 
while the points, just mentioned, were discussed at great 
length, and not without much ingenuity and eloquence : 
and yet, in the opinion of many impartial men, with less 
sound reasoning than plausibility. His remarks were so 
pointed and so severe on the character of the eastern States, 
that the sensibility of the members from that section of the 
Union was much awakened, and they felt obliged to no- 
tice and to repel them. They differed in some respects 
from the views of the Senator of South Carolina, and those 
who agreed with him, as to his plan on the subject of man- 
aging the public lands ; and as to his doctrme of State 
rights, and his insinuations of hostile feelings in the people 
of the east towards those in the west, they were entirely 
at issue with them. They believed that State rights, as 
asserted and contended for by him, would interfere with and 
render utterly powerless the authority of the federal gov- 
ernment, which was clearly granted by the Constitution. 
The legitimate conclusion from the doctrine advanced 
would be, that a single State even might control the gen- 
eral government ; in other words, that one State might 
govern all the others in the Union. Such probably was 
not the opinion of the able Senator, but it evidently fol- 
lowed from his doctrine. 

Mr. Webster, who was then a member of the Senate from 
Massachusetts, replied to the Senator from South Carolina, 
with great power and effect. His argument on the powers 
of the federal government, granted by the Constitution, as 
being paramount in certain cases, to any and all State au- 
thority, was generally admitted to be sound and entirely 
unanswerable. He contended that on subjects fully com- 
mitted to the general government by the Constitution, 
its powers were exclusive and unlimited ; that no one 
State, nor even a number of States, might justly interfere 
with its measures ; and that the public land, not particu- 
larly and expressly ceded to a State, or sold to companies 
or individuals, was solely at the disposal and under the 



1830] JACKSON. 383 

jurisdiction of the United States government. When he 
was charged with pleading for the consolidation of the 
States, he repHed, that he was not disposed to derogate 
from their authority in any cases or on any subjects, ex- 
cept in so far as the Constitution had given power to the 
general government — which was of course paramount to 
that of a State — that in many respects, the States were sove- 
reign, and had the entire control of their own internal af- 
fairs, that he was in favor of the consolidation of the Union — 
which was the design of the framers of the Constitution of 
the United States, — though not of the States, in the sense 
charged by his opponents. He then showed that the gen- 
eral government had the sole management and disposition 
of the public lands, which had been ceded by different 
States, for the benefit of the whole. He did not wish, he said, 
to exclude the new States from their just portion of the pub- 
he lands, or from an equal share in the benefits to be de- 
rived from the sales; but contended that the original 
States had an equal, if not a superior, right to them. He 
said he was not averse to the policy of retaining a large 
part of the lands for a future revenue, and yet was in favor 
of selling small tracts to actual settlers, and thus gradually 
to fill up the vacant territory with inhabitants. 

The Senator from Massachusetts referred to the insinua- 
tions which had been made against the politicians of the 
New England States, as if they were selfish; or were op- 
posed to the prosperity and improvements of the new 
States in the west and northwest. And here he discovered 
some indignant feeling, as justly he might. The reproach 
on the eastern States was not just ; it was, indeed, alike 
unfounded and ungenerous. They did, indeed, contend for 
the privileges of commerce and navigation; and it was for 
the protection of these departments of business, in great part, 
that the federal government had been instituted. It was 
important also, that manufactures, which were more at- 
tended to in the eastern and middle States than in the south 
or west, should be encouraged, for the prosperity of the 
whole nation. But it was not therefore attempted, nor de- 
sired, to depress the inhabitants of the west, in their agri- 
cultural enterprises, nor to prevent the settlement of the 
vast territory in that section of the Union. It was only 
contended, that the public lands should not be wholly ap- 
propriated for the benefit of the settlers thereon, or the States 
where they were situated; but should be sold, or so man- 
aged, as to secure to the original States their just propor- 
tion. No particular law resulted from this protracted and 



384 FEDERAL GOVERNMENT. [1830 

able discussion. The subject long continued before Con- 
gress ; but so various have been the plans for the dispo- 
sition of the pubhc lands, that no one has yef received the 
sanction of the federal legislature. 

Other important subjects were introduced and debated in 
Congress, at this session, and occupied much time, but on 
which there was no decided legislative action. A bill for re- 
trenchment in the public expenditures was repeatedly dis- 
cussed ; but it was not passed ; after all the charges of ex- 
travagance against Mr. Adams's administration, it was not 
found that any items of the public expense could be rea- 
sonably dispensed with. The charge made in 1828, of this 
nature, was chiefly for party objects, or in ignorance ; and 
the appropriations and expenditures for 1830, and annually 
afterwards, were fully equal to those made from 1825 to 
1828, except that about fifty thousand dollars had been ex- 
pended in 1826, '27, and '28, for various surveys, as au- 
thorized by laws of Congress, with a view to public and 
national objects — these were not continued during President 
Jackson's administration, as he doubted the right of the 
federal government to expend money for such purposes. 

In his public message to Congress, in December, 1829, 
the President recommended a revision of the tariff of 1828 ; 
of which the people in some parts of the Union complained 
as excessive and unequal. He was in favor of affording 
encouragement to domestic manufactures ; but believed, as 
many others did, that a less duty than that imposed by the 
former law, would prove a sufiicient protection for manu- 
facturing establishments in the United States. The subject 
was referred to a committee in the House of Representa- 
tives, by whom a report was made, that it was inexpedient 
to make any alteration in the law then in force. This re- 
port was accepted in the House, though the minority, on 
the question, was a large one. The subject was discussed 
in the Senate, where the majority were disposed to have 
the act modified ; but the vote of the Representatives, being 
in favor of its continuance unchanged, nothing could be 
legally effected. No doubt that considerations of local in- 
terest had an influence in the opinions entertained ; the 
manufacturing establishments were not to be found in the 
southern parts of the country. In the eastern and some of 
the middle States, they were numerous ; while few had been 
introduced in the south or west. In May, 1830, a bill was 
passed in both branches of the national legislature, making 
appropriations for the erection of lighthouses, beacons, &c. 
—for improving harbors, and for surveys — which was laid 



1830J JACKSON. 385 

before the President, on the last day of the session, for his 
approval. But he did not give it his signature, nor return 
it to Congress with objections. And thus it failed to be- 
come a law. The President was blamed on this account, 
as being arbitrary, or as neglecting his official duty. It 
was said by his political friends, that he was opposed to 
some of the objects for which the appropriations were made, 
and had not time for a due consideration of the bill in all 
its parts. Some of the provisions related to works of in- 
ternal improvements, on the constitutionality of which he 
entertained doubts.* A similar complaint was made re- 
specting his conduct, at a later period, when he retained a 
bill regulating the sale of the public lands, which was of 
great importance, without signing it, and when there was 
sufficient time to have examined and returned it for the 
further action of Congress. 

The annual message of President Jackson, in December, 
1830, was unusually elaborate. It was full and minute, in 
the statements relating to the proceedings of the executive 
department of government, during the recess of the legis- 
lature ; to diplomatic occurrences and efforts ; and to the 
fulfilment of various acts of Congress, assigned to the action 
of the President; with more of reasoning, to show the cor- 
rectness of the conduct of the executive, than usual, or was 
perhaps necessary. For it is the province of the legislative 
to examine the executive proceedings, and to judge of their 
correctness. 

The acts of the administration, during the year 1830, 
besides the common and necessary duties occurring in 
the various departments of the government, were referred 
to in the message, and afford ground for an opinion of the 
true state and condition of tlie LInited States, at that period. 
The commercial intercourse with the colonial ports of Great 
Britain, though nominally improved, remained very nearly 
on the same footing it had been for several years previously. 
A Convention had, indeed, been formed and accepted ; but 
the commercial part of the nation was not satisfied with it, 
as there was much ceded, to the benefit of England, and 
but very little to the United States. The restrictions on 
American vessels, visiting the colonies of Great Britain, 
were not removed. The negotiation had been conducted 

* In his next annual message, the President stated his objections to the bill 
for a subscription to the stock of the Louisville and Portland Canal Company, 
to be of this character ; and that he disapproved of the bill for lighthouses, &c. 
as their increase served rather to confuse and mislead the navigator than to be 
a means of safety. 

49 



386 FEDERAL GOVERNMENT. [1830 

and concluded in a friendly manner by the ministers of the 
two governments ; and a hope was expressed by the Presi- 
dent, tliat in due time more favorable terms might be ob- 
tained, and a fair reciprocity in trade, between the ports of 
both nations, be estabhshed.* The attempts made for par- 
ticipating in the trade of the Black sea, had not proved nn- 
saccessful ; and by a treaty then recently made with the 
Sublime Porte, similar privileges were granted to the 
United States as to the most favored nations in Enrope.f 
The relations between the United States and Russia were 
of a stable and satisfactory character. A treaty had been 
agreed on with Denmark ; by which six hundred and fifty 
thousand dollars were to be paid to American citizens, as 
an indemnity for spoHations on their commercial property 
in 1808 — 1811. Similar indemnity was expected soon to be 
received from some other European governments, on whom 
claims had been sev^eral years before made, for like previous 
depredations. The negotiations with France for a recogni- 
tion and allowance of claims on that government, in con- 
sequence of depred.ations committed on American commerce, 
at former periods, and to a large amount, had been prosecuted 
with renewed zeal, and with a strong hope of speedy success ; 
for a friendly spirit was manifested by the French govern- 
ment on the subject, although some objections were offered, 
as to an allowance of all the claims; the recent revolution 
in France indicating a favorable result to the negotiation, J 
as well as a proper occasion for extending the commercial 

* It was more than intimated, in the instructions given to Mr. McLane, the 
Envoy to the British court, in 1830, that the enjbarrassnients on the commer- 
cial intercourse between the two countries, especially with the colonial ports 
of Great Britain, should be attributed to the improper demands or the mistakes 
of the preceding administration ; and that President Jackson and his ministers 
were more desirous of adjusting the difficulties on this subject, and would be 
more ready to agree to the terms proposed by the British government. A sug- 
gestion indicative of a want of good policy as well as of true patriotism. Pres- 
ident Adams had made every reasonable and proper effort for adjusting these 
difficulties. But the British chose their own peculiar policy, or not treat at 
all. No one was more desirous of treating on the subject of commercial inter- 
course with foreign nations, on terms of reciprocity, than Mr. Adams. 

t The commissioners by whom this treaty was formed, had been appointed 
by the President in 1829, without consent or knowledge of the Senate ; nor 
was the Senate's consent asked at the next following session. This was a sin- 
gular proceeding ; for in all cases, a mission on a new subject, had not been 
made by the President without consulting the Senate. Mr. Tazewell, of Vir- 
ginia, severely censured the President for this act : and opposed the bill for 
allowing a salary to the commissioners. He said the act was unconstitutional, 
a flagrant derogation of the rights of the Senate ; and ought not to be passed 
over by the Senate without express condemnation. 

t Mr. Rives, of Virginia, was then the minister of the United States to 
France, ; whose ability and attention the President acknowledged to be highly 
satisfactory. 



1830] JACKSON. 387 

intercourse between the two countries : new efforts were 
made for bringing the subject of the boundary between the 
United States, and the British possessions adjoining, to a 
final termination, by submitting the qnestion to the arbitra- 
tion of a Prince, friendly to the two nations, and laying 
before him all the evidences in the case; and a hope was 
confidently entertained, that his opinion and decision would 
soon be known. The misunderstanding with the repubhc 
of Mexico promised to be removed, as the jealousies of that 
government towards the United States had in a great 
measure been obviated, by the explanations which had been 
then recently offered — measures had also been adopted for 
preserving tranquillity on the borders of the United States 
and that republic. The financial affairs of the government 
continued in a prosperous condition ; the expenditures being 
less than fourteen millions of dollars, exclusive of the 
amount appropriated for paying the annual instalment of 
the public debt, which was eleven millions ; and the re- 
ceipts into the treasury, exceeding twenty-four millions; 
a large portion of which accrued from the sales of land 
belonging to the United States. 

In the address of the President, at this time, he expressed 
his views at some length of the powers of the federal and 
Stale governments, and of the importance of avoiding all 
encroachments of each on the other. He had given similar 
opinions before, and they had an influence in leading him 
to object to bills for appropriating the public funds to most 
works for internal improvements. For unless of a mani- 
festly general and national benefit, they would be unequal, 
and inevitably give occasion for complaints from some 
parts of the Union. He considered it of vital importance 
" to the Union to sustain the State sovereignties, as far as 
consistent with the rightful action of the federal govern- 
ment, and of preserving the highest attainable harmony 
between them." The opinion was again expressed of the 
propriety of limiting the office of President to one term, and 
that for four or six years. And the entire independence of 
the legislative and executive departments of the govern- 
ment, of each other, was strongly urged, as necessary to 
the general welfare. But the doctrine, as it appeared to be 
understood by the President, was disapproved by a great 
portion of the people ; and it was believed that the execu- 
tive was but the organ or agent of the legislature, in most 
cases, designed to carry into etfect the laws enacted by the 
Representatives of the people. In some respects, indeed, 
the chief magistrate is independent of the other branches of 



388 FEDERAL GOVERNMENT. [1830 

the government ; but not to the extent supposed and claimed 
by General Jackson. 

In this message the President again relerred to the con- 
dition of the aboriginal tribes of the comitry ; and gave his 
unqualified testimony to " the benevolent policy" of the 
federal government from its origin towards these uncivil- 
ized people. He repeated the opinion, v>rhich he had before 
given, in favor of their removal to a territory entirely ex- 
clusive of the settlements of the white population. It had 
been the desire of the government, as he said, for thirty 
years, to effect their settlement far west of the Mississippi, 
and separate from any State or territorial district of the 
United States ; but nothing like compulsion had been pre- 
viously used to elfect the object. This conduct was alike 
humane and just towards the native tribes, and favorable 
to the settlement and peace of the States where they had 
resided. It was justly a matter of complaint only when 
these tribes were absolutely ordered to remove, and threat- 
ened with the displeasure of the government if they did not 
speedily consent to depart from the lands formerly occupied 
by their ancestors. The President avowed his friendly 
regards for the native tribes of Indians ; and no one could 
justly doubt the sincerity of his professions ; while his 
winking at the strong measures of some of the southern 
States, where they then resided, to force them to remove,, 
subjected him to censure in otlier parts of the country. 

The strong opposition to the high taritf of duties on 
many imported articles, which was adopted in 1S28, and 
was designed to encourage domestic manufactures, induced 
the President to refer again to the subject on this occasion. 
He expressed an opinion favorable to the protective policy, 
as necessary to the prosperity of the United States : but 
suggested the importance of some modification in the law, 
passed two years before, to reconcile it to the views of the 
people in the non-manufacturing States. He was aware 
of the difliculty of accomplishing this desirable object. 
His immediate predecessor had expressed a similar opinion, 
in 1828 ; and suggested some modification for the purpose 
of rendering the operation of the tarift' of that period more 
equal and satisfactory to all classes of citizens, and to all 
parts of the Union. No act was passed, however, either in 
1829, or 1830, for modifying or altering the law of 1828. 

President Jackson, early discovered his disapprobation 
of the Bank of the United States. He had doubts of the 
constitutional power of Congress to incorporate such a 
company : and he expressed an apprehension of its mis- 



1830] JACKSON. 389 

management, by which it was productive of more evil than 
of benefit botli to the government and tlie people. He even 
doubted the utility of any banking institutions in the na- 
tion. Probably he had prejudices against them, as they 
often afforded facilities to speculators, and served to sup- 
port the credit system of the country to a mischievous 
extent : and from the failure or suspension of specie-pay- 
ments with many banks in the western parts of the Union. 
No doubt there was some foundation for his opposition to 
them : but it was an unjust conclusion, that all such com- 
panies should be prohibited, because some of them liad 
been unwisely administered. He had referred to this sub- 
ject in a former message, and fully expressed his views 
unfavorable lo a renewal of the charter of the Bank of 
the United States. But the committee of the Senate, and of 
the House of Representatives, to whom the subject was re- 
ferred, at the preceding session, made a report adverse to 
the opinion of the President; and in favor of continuing 
the bank : and they disapproved of the project of a gov- 
ernment bank. They believed " the latter would derange 
and injure the currency, and what was far worse, destroy 
the liberties of the people." And as to the constitutionality 
of the Bank of the United States, they said, it had repeatedly 
received the sanction of Congress. In repeating his opinion, 
at this time, he suggested the plan of a bank, very differ- 
ently formed, and wholly under the management and 
control of the government. It might still be called the 
Bank of the United States, or a Bank of the Treasury de- 
partment, he said; and its object be to secure all the ad- 
vantages afforded by the bank then in operation, as to the 
finances of the nation. " It might," he said, " be based 
on public and individual deposites, but without power to 
make loans, or to purchase property : not being a corporate 
body, having no stockholders, debtors, or property, and 
but few officers, it would not be obnoxious to the constitu- 
tional objections which might be urged against the present 
bank : and having no means to operate on the hopes, fears, 
or interests of large masses of the community, it would be 
shorn of the influence which makes that bank formidable; 
the States would be strengthened by having in their hands 
the means of furnishing the local paper currency through 
their own banks ; while the bank of the United States, 
though issuing no paper, would check the issue of the 
State banks, by taking their notes in deposite and for ex- 
changes, only so long as they were redeemed with specie." 
It did not appear, however, by these suggestions of the 



390 FEDERAL GOVERNMENT. [1830 

President, that he had matured any plan for a bank, as a 
substitute for that of the United States, whose charter 
would expire in 1836. But one may see, even in these 
oulUnes, that he was in favor of depositing and keeping 
the pubhc funds, in a mode similar to that afterwards pro- 
posed by his successor. The plan was, indeed, that of 
a Sub-treasnry system, in embryo : which provides for 
placing the funds of the nation entirely under the control 
and management of the executive part of the government. 
President Jackson gave a practical proof of his views on 
this subject, in 1833, by taking the public funds into his 
own hands, without authority of Congress, and most evi- 
dently contrary to the spirit of the Constitution and of the 
laws relating to the treasury department. 

In all free governments, the public treasury is under the 
control of the representatives of the people, and of the most 
popular branch or House of Representatives ; and this also 
has the exclusive right to originate bills for grants and 
appropriations of the people's money. The chief magis- 
trate has indeed a voice in the laws made for the regula- 
tion of the funds ; but it is an arbitrary assumption of 
power in him to make any use or disposition of them other 
than such as the lavi's of the legislature have directed. 
This is a fundamental principle recognized by the framers 
of our Constitutions, State and federal ; and a violation, or 
disregard of it, is far more alarming than any single act of 
misjudgment or impolicy. What stampt this conduct as 
particularly improper and arbitrary, was the consideration 
that the legislature had just before instituted an inquiry 
into the state of the bank, and declared it a safe deposite 
for the public funds of the government. 

There was a large deficit in the Post Office department, 
for the year 1830. .Two years before, under the manage- 
ment of a different person, — Hon. John McLean, of Ohio, 
afterwards a Judge of the Supreme Court of the United 
States, — it was in a very prosperous state. But either 
through the inefficiency of the present Post Master General, 
or an injudicious increase of post routes and post offices, 
the balance was against the department in 1830. It had 
not always, indeed, yielded a sufficient sum to meet the 
expenses ; but at this time the deficit was greater than for 
many preceding years. The officer now at the head of the 
department, was accused, how justly cannot be proved, 
of party views in his appointment of mail contractors, and 
of multiplying post offices unnecessarily. 

An effort was made, in 1831, to alter the law of the 



1831] JACKSON. 391 

United States, passed at an early period of the federal gov- 
ernment, defining the duties and declaring the authority of 
the Supreme Court under the Constitution. A report was 
made in the House of Representatives, to repeal the section 
of that law, which gave jurisdiction to the court, in certain 
cases, on appeals from decisions of the State courts. The 
law, a part of which was now proposed to he repealed, 
had been adopted more than forty years, and no complaints 
made against it. It was now pretended that such super- 
vising power in the federal court, was inconsistent with 
the authority and rights of a sovereign State; and the al- 
teration was urged by those who were opposed to all ap- 
peals from the State courts, to a court of the United States. 
The report indicated hostility to an independent judiciary, 
as well as to an evidently legitimate authority in the fed- 
eral government, to decide on questions of a general nature, 
and given exclusively to its jurisdiction. It gave alarm, 
therefore, to the true friends of the Union and of the federal 
Constitution. But the report received the negative vote 
of a large majority of the House of Representatives ; and 
did not go to the Senate, for the opinion of that branch of 
the federal legislature. 

At the session of Congress, in 1831, a large sum was ap- 
propriated for extending the Cumberland road, through 
Ohio and Indiana, to Illinois. It was considered of great 
general or national benefit ; and therefore, several members 
of Congress voted for the expenditure, who were opposed 
to appropriations for most works classed under the head of 
internal improvements. President Monroe, as well as 
President Jackson, doubted the right of the federal govern- 
ment to expend the funds of the nation, except the object 
was evidently of great public and general advantage. But 
as this road had been commenced, there was good cause for 
extending it far west, to the vicinity of the public lands, 
and as a very convenient passage way, from the Atlantic 
to the farthest western settlement. 

Another act was passed at this time, showing a disposi- 
tion and a supposed right in the federal government, to ex- 
pend public money or property, for the internal prosperity 
of the country, not expressly enumerated in the federal 
Constitution among the powers granted to the general gov- 
ernment. This was for the encouragement of the cultiva- 
tion of the olive. A law was passed on the subject in 
1817. granting tracts of land, as a premium to those who 
should, within a certain number of years, cultivate the 
olive with success. The propriety of that law was now 



392 FEDERAL GOVERNMENT. [1831 

recognized, by confirming the former grants of land, on 
proof having been adduced that the cnhivation had been 
pnrsned, and in some cases with success : and by a condi- 
tional grant of lands to others engaged in the growth of 
the olive, if they should persevere, and succeed in the ex- 
periment. On the same principle, — that of regard to the 
general prosperity — expenses were incurred by Congress, 
with reference to the culture of the mulberry-tree for the 
silk-worm, and the manufacture of silk, — in paying for 
treatises written on these subjects. A pamphlet was pub- 
lished in 1828, in pursuance of a resolve of Congress ; but 
the general government gave no further encouragement; 
probably doubting the utility or propriety of the measure. 
During this Congress, an act was passed for the benefit 
and relief of insolvent debtors to tlie United States. It ex- 
tended to all debtors to the federal government, except the 
principals on official bonds; or such as had received public 
monies, and not paid the same over to the treasury depart- 
ment. A few honest and unfortunate men found relief in 
this law ; but its beneficial elfects were not very extensive. 
The debtors to the government were chiefly of that de- 
scription who were excepted from the provisions of the 
act. It was but an apology for a bankrupt law, which 
Congress is authorized, by the Constitution, to enact. The 
present insolvent law was a poor substitute for the former. 
And it is certainly strange, that, with the express grant of 
power to the federal government to pass uniform laws on the 
subject of bankruptcy, and imperfect as all State insolvent 
laws must be, as they are not binding out of the State adopt- 
ing them, a law of Congress for this purpose has not been 
enacted. As such a law is chiefly for the benefit of traders 
and merchants, whose business may, and often does, extend 
in various parts of the United States, it belongs to the general 
government to legislate on the subject; and thus to provide 
that the laws shall be one and the same throughout the 
nation. 

In the course of this year, 1831, treaties were concluded 
and ratified with the republic of Mexico — one referring to 
the boundaries between the two countries; and the other to 
commerce and navigation. A convention was also con- 
cluded, the same year, with France, on the subject of claims 
made by the United States on the government of that king- 
dom, for depredations committed on the American commerce, 
several years before, under the reign of the first Consul, the 
Emperor, or the Directory. Negotiations for this purpose 
had long been conducted by able ministers from the United 



1831] JACKSON. 393 

States, but no satisfactory terms had been definitely settled. 
The French government set up an opposing claim, on ac- 
count of the non-fulfilment of a treaty made in 1778, be- 
tween the United States and the King of France, for the 
assistance of the former to defend the West India islands of 
the latter, if attacked by the British. The American ad- 
ministration believed they were exonerated of all such de- 
mands from France by subsequent events. After much 
discussion and delay on the subject, a great portion of the 
claims of the United States were now consented to be paid 
by the French government; and an abandonment declared 
of its former demands and claims on account of the treaty 
of 1798, relating to a supposed guaranty of the West India 
islands by the former American Congress. But this promise 
of indemnity was not fulfilled in the time agreed; and the 
delay furnished an occasion for unpleasant and minatory 
dispute, three years afterwards. 

As a census of the United States had been taken in 
1830-1, a new appointment of Representatives among the 
several States was now ordered ; and after a good deal of 
discussion, and difierent ratios proposed, the number fixed 
for one Representative was forty-seven thousand and seven 
hundred. In 1791, it was one for every thirty thousand ; 
in 1801, one for thirty-three thousand; in 1811, one for 
thirty-five thousand ; in 1821, one for forty thousand. 

Among the important measures of the federal government, 
in 1831, and the political events aflecting the United States, 
were those relating to the subject of boundaries between 
the State of Maine and New Brunswick, which had been 
submitted to the arbitration of the King of the Netherlands ; 
but in whose judgment the government of the United States 
did not acquiesc'e; as in his decision he had departed from 
the real question referred to him, and had given an opinion 
which was of the nature of a compromise, allowing to 
Great Britain a large tract of land, claimed by the United 
States, by virtue of the local boundary described in the 
treaty of 1783, and which was recognized by the treaty of 
Ghent in 1815. The friendl)^ relations between the United 
States and Great Britain, were, however, still fully preserved 
and maintained. The treaty with France, was finally settled 
a short time before, the sum promised to be paid, for com- 
mercial spoliations, though not so large as claimed, being 
sufficient to satisfy most of the claimants ; while a small sum 
was stipulated to be allowed the French government for de- 
mands on the United States ; and a reduction of duties on 
American cotton, and on wines imported from France, which 
50 



394 FEDERAL GOVERNMENT. [1832 

was agreed to as a consideration for yielding an important 
claim for certain commercial privileges, which the French 
government had urged under their construction of the treaty 
lor the cession of Louisiana. Treaties of commerce had 
also been renewed with Sweden and Denmark. Fresh ne- 
gotiations had been instituted with the governments of Cen- 
tral and South America, (formerly colonies of Spain,) on 
account of depredations on the commerce of the United 
States, for which they apologized, by pretending that vio- 
lations of blockades had been committed by the vessels 
confiscated or detained ; and by the consideration that no 
commercial treaty had been formerly made by the United 
States and Spain, their parent government, which obliged 
them to allow such privileges or favors, as had been stipu- 
lated in the treaties of other European powers. 

The removal of some Indian tribes from the States, in 
which they had formerly resided, had been effected duringthe 
year, and others were preparing also to remove in the year 
following — they were chiefly from the States of Mississippi, 
Alabama, and Georgia — and the lands, provided for their 
future settlement, were far west of the river Mississippi, and 
beyond the territory occupied by citizens of the United 
States ; and where they were to be entirely separated from 
all State authority ; which it was supposed would conduce 
to their welfare, their preservation, and to the peace of the 
nation. The public finances appeared to be in a prosperous 
State, as for several preceding years, and the usual reduction 
of the national debt made. The President again expressed his 
views, as given on a former occasion, on the propriety of an 
alteration of the Constitution, for preventing the same per- 
son to serve or be elected as President of the United States 
a second term ; and against the policy of renewing the 
charter of the bank of the United States, which would 
expire in 1836.* 

* The Secretary of the Treasury — Louis McLane, of Delaware- — in his re- 
port on the public finances and the currency of the United States, expressed 
views very ditferent from those contained in the annual message of the Presi- 
dent, at this period. His opinion was in favor of the national bank, and a full 
conviction declared of its utility, both to the government and to the people. 
And yet he admitted that there were some defects in the charter, and some 
abuses in the administration of the institution. But these, he supposed, might 
be remedied; and the bank continued, with safety and with highly favorable 
results to the whole country. Many of the political friends of President Jack- 
son differed in opinion from him, as to the constitutionality and public ad- 
vantages of the bank of the United States. At a very large meeting of citizens 
of Philadelphia, in July, 1832, soon after the negative of the President to the 
bill, which was passed by Congress for a renewal of the charter of the bank 
of United States, composed of his former political friends, it was 

" Resolved, That the rejection of the bank of the United States — the re- 



1832] JACKSON. 395 

An additional pension law was passed in June, 1832 ; by 
which provision was made for alJ those who had served in 
the war of the Revolution for the term of six months. The 
pension allowed was a sum equal to the wages received 
when they were in service, on proof of the time being two 
years — and a proportionate sum for a less term of service, 
till it Avas as short as six months ; but none who had served 
less than six months were included. By this act of Con- 
gress, a great number of persons in the decline of life, and 
most of them in reduced circumstances, received the bounty 
of the government, who could not avail themselves of the 
former laws granting pensions. And yet it was found dif- 
ficult to do justice to all. A large portion of the men, who 
had served their country in the contest for liberty and in- 
dependence, in the war of the Revolution, had deceased; 
and equity seemed to require that their children should re- 
ceive what the parent would, had he survived. To have 
done this with proper discrimination, however, was scarcely 
possible : and the chief design of a pension is the personal 
comfort and benefit of one who hazarded life and performed 
important services himself 

■The law of 1828, relating to duties on imports, by which 
the rate was raised to a higher amount than was fixed four 
years before, (both of which were designed to encourage 
and aid domestic manufactures,) met with great opposition ; 
and in some parts of the Union, the complaints and denun- 
ciations of it, as an unequal and oppressive measure, re- 
ceived some modification hy Congress, in July, 1832, by an 
additional law "to alter and amend" the former. The 
principal alteration consisted in fixing a less duty on coarse 
woollen goods, used chiefly by the common and poorer 
classes of people. The duty on the higher priced woollens 

peated assaults of President Jackson on the principles of protection to Amer- 
ican industry ; on the authority of the Supreme Court, and on the indepen- 
dence of both Houses of Congress, have severed every just and honorable tie 
by ivhich the people of Pennsylvania were connected luith him — that the re- 
election of a President, whose political path has been literally strewed with 
his own violated pledges, and with the disappointed hopes of his patriotic 
friends — who has thus wantonly trampled on the interests of his fellow-citi- 
zens, and on the Constitution of his country, would, in the estimation of this 
meeting, be a national calamity, the consequence of which we cannot con~ 
template without a shudder — that we will, therefore, use all laivful and honor 
able means, by opposing the re-election of Andrew Jackson, to avert this 
calamity. And we solemnly call on our fellow-citizens of Pennsylvania 
and of the Union, heartily and manfully to contend, at the approaching 
election, for the maintenance of those principles, and the promotion of those 
rights, which the patriots of the Revolution sealed with their blood." 



396 FEDERAL GOVERNMENT. [1832 

were continued with little diminution ; and the minimum 
principle adopted in the former law, was abolished. Those 
which cost two dollars fifty cents again paid the same duty 
under the new as under the former act. On all which cost 
less than that sum, the duty was reduced ; and on those 
which were of the value of one dollar and five cents the 
yard, it was fifty cents less than by the law of 1828. By 
that act, which adopted the mmimiim principle, woollens 
under thirty-five and thirty-three cents the yard, paid more 
than one hundred per cent. duty. By the former law, wool 
imported was subject to a specific duty of four cents on a 
pound, besides an ad valorem duty of fifty per cent. The 
law of July, 1832, imposed no duty on imported wool which 
cost only eight cents a pound ; and on that which cost more 
than eight cents, four cents, and forty per cent, ad valorem. 
On cotton cloths, and on iron, the duty was also now re- 
duced from the rate fixed by the law of 1828 ; on silk goods, 
and on tea and wine, it was greatly reduced ; and common 
teas, imported directly from beyond the cape of Good Hope, 
were to be exempted from all duties. 

The law of 1828, was considered unequal and impolitic, 
by a great portion of the people, in all parts of the Union ;* 
and it was said, with much reason and justice, that a rev- 
enue should be raised chiefly by high duties or taxes on 
luxuries ; and that such had been the policy of most gov- 
ernments in Europe. The objections and complaints 
against the act of 1828 were indeed more vehemently urged, 
and relief more loudly and generally called for, in the 
southern parts of the United States, than in the middle and 
eastern parts. And the law of 1832, with the small and 
partial reduction of duties, did not remove nor lessen the 
opposition, in the southern States, to the American system, 
as the policy of high duties on imports, for protecting do- 
mestic manufactures, was then called. Where the slave 
population was large, coarse and low priced woollens were 
much in demand ; and in their operation, both the law of 

* It was often stated in Congress, by members from the southern States, 
while the subject of the tarifi'was under discussion, that the Representatives 
from the New England States were pushing the bill for high duties, from self- 
ish motives, as the manufacturers of woollen and cotton goods were very nu- 
merous in that part of the Union. But the fact was, that the majority of the 
Representatives from the New England States were opposed both to the law 
on the subject which was passed in 1816, and in 1824. But afterwards, when 
it was found to be the policy of the federal government to aid domestic manu- 
factures, and these establishments having been multiplied, they were in favor 
of the protecting system ; and some of them, perhaps, urged the increase of 
duties beyond the point of justice and propriety. 



1832] JACKSON. 39 

1828, and of 1832, were considered oppressive, as well as 
arbitrary and unjust. In South Carolina, the complaints 
and the opposition exceeded those made in any other of the 
States ; and it was resolved, a few months after the law of 
July 1832, not by a few individuals, but by the legislature 
of the State, that that and the former law of 1828, were in- 
fractions of the Constitution, or exceeded the power given to 
the federal government by that compact; and were therefore 
null and void ; and tliat the execution of those acts within the 
State loere to he 'prevented^ even by Jorce, if necessary. 

This was truly an alarming movement on the part of 
South Carolina ; and it was, in some respects, a novel pro- 
ceeding of a single State. In 1794, there was indeed, a 
formidable insurrection, in Pennsylvania, against the excise 
laws of the general government, passed at that time ; but the 
State authority did not sanction it, and even made exertions 
to prevent and suppress it. And the strange resolutions and 
proceedings of the legislatures of Virginia and of Kentucky, 
in 1798, in opposition to the sedition and alien laws, did 
not expressly propose opposition to them by force, though 
assuming that these laws were unconstitutional, they fully 
intimated that they were a nullity. When they adopted 
such resolutions and declared such an opinion, these States 
appealed to other States to pronounce those laws to be void ; 
with the intention, no doubt, of having them considered 
unconstitutional, by a majority of the States, that they 
might be repealed ; and perhaps to have the Constitution 
so amended as to prohibit, in future, the passage of a law 
either to prevent the freedom of the press, or the banish- 
ment even of aliens from the coimtry, without a formal and 
legal conviction of treason. 

But not content with a public declaration that the laws 
lately passed, imposing high duties on imported goods, for 
the purpose of aiding manufactures were unconstitutional, 
and therefore to be deemed null and void, the legislature of 
South Carolina explicitly declared its determination to pre- 
vent, by force, the execution of those laws within that State ; 
and accordingly prepared to oppose the authority of the 
federal government in any attempts to enforce or execute 
them. On this occasion of great excitement and alarm, the 
President issued a proclamation, in December, 1832, warn- 
ing and forbidding the people in all parts of the Union from 
arming, with any intention of opposing the laws of the 
United States. And he adopted measures to maintain the 
authority of government with decision and promptitude. 
His conduct, in this respect, was approved by the people 



398 FEDERAL GOVERNMENT. [1833 

generally through the country. And the citizens of South 
Carolina were patriotic and prudent enough, soon after, to 
cease all forcible opposition. By a few persons indeed, a 
distinction was made between preparing to coerce a State 
to submission, without the full and direct authority of a 
legislative resolution of Congress, and putting down an 
insurrection promptly, supported by the minority of a State, 
and when the aid of the federal government was desired by 
the constituted authority of the State, as it was by Penn- 
sylvania in 1794. But as a State is only part of the Union, 
over which the federal government has authority in certain 
cases, one of which is raising a revenue, which includes the 
power of laying duties on imports, all determination to op- 
pose the due execution of the laws, passed by the national 
legislature, is evidently improper; and all preparations and 
threats to resort to force for such purpose may be justly 
considered as disorganizing, and dangerous to the welfare 
and integrity of the Union. 

During this session of Congress, and soon after obstruc- 
tions had been placed in the way of collecting import duties 
in South Carolina, a bill was brought before Congress for 
giving the President full power to enforce the laws on the 
subject in any and every part of the United States ; which 
was warmly opposed by the members from South Carolina, 
and some others. While the bill was before the Senate, 
January, 1833, the following resolves were offered by Mr. 
Calhoun, a Senator from South Carolina — " That the people 
of the several States are united as parties to a constitutional 
compact, to which the people of each State, as a separate 
and sovereign community — and that the Union of which 
that compact is the bond, is a union between the States 
ratifying the same. That the people of the several States 
delegated to the general government, thus proposed and 
formed, certain definite powers, reserving to each State the 
residuary mass of powers to be exercised by its own sepa- 
rate government — and that whenever the general govern- 
ment assumes the exercise of powers, not delegated by the 
compact, its acts are unauthorized, void, and of no effect — 
and that the general government is not made the final judge 
of the powers delegated to it, since that would make its 
discretion, and not the Constitution, the measure of its 
powers — that the assertions, that the people of these States, 
taken collectively as individuals, are, or have been, 
united on the principle of the social compact, and as such 
are formed into one nation or people ; that the people 
,of the several States composing the Union have not, as 



1B33] JACKSON. 399 

members thereof, retained their sovereio;nty ; that the alle- 
giance of their citizens has been transferred to the general 
government; and that they have not the right of judging 
in the last resort, as to the extent of powers reserved, and 
consequently of those delegated — are not only without 
foundation in truth, but are contrary to the most certain 
and plain historical facts, and the clearest deductions of 
reason — and that all exercise of force, on the part of the 
general government, or any of its departments, are uncon- 
stitutional ; tend directly to subvert the sovereignty of the 
States, to destroy the federal character of the Union ; and 
to rear on its ruins a consolidated government, without any 
constitutional check or limitation." The next day a Sen- 
ator from Tennessee, Mr. Grundy, proposed the following, 
as a substitute for the resolves offered by the Senator from 
South Carolina — " Resolved, that, by the Constitution of 
the United States, certain powers are delegated to the gen- 
eral government, and those not delegated nor prohibited to 
the States, are reserved to the States respectively or to the 
people — that one of the powers expressly granted by the 
Constitution to the general government, and prohibited to the 
States, is that of laying duties on imports— that the power 
to lay imposts is wholly transferred from the State author- 
ities to the general government, without any reservation of 
power or right on the part of the State— that the tariff laws 
of 1828, and of 1832, are exercises of the constitutional 
power possessed by the Congress of the UnitedStates, what- 
ever opinions may exist as to their policy or justice — that 
an attempt on the part of a State to annul an act of Con- 
gress, passed on any subject, exclusively confided by the 
Constitution to Congress, is an encroachment on the rights 
of the general government," 

In these different resolutions, offered for the sanction of 
Congress by those who repudiated the conduct of the exec- 
utive, and apologized for the measures of South Carolina, 
and by those who condemned the measures of Soiith Caro- 
lina, and approved the conduct of the federal executive, 
chiefly indeed, of an abstract nature, one may perceive the 
diversity of opinion then existing, as to the extent of the 
power of the federal goverment, and to the authority re- 
tained by the several States.* 

* A distinguished political character in one of the New England States, 
when the embargo was in force, 1808, on a public occasion, observed, "That 
the government of the United Slates was a limited government, and that Con- 
gress did not possess all the powers of legislation ; that the individual States 
were originally complete sovereignties ; that they were so many distinct na- 



400 FEDERAL GOVERNMENT. [1833 

In his annual message to Congress in December, 1832, 
the President referred particularly, and at great length, 
to the laws regulating duties on imported articles, more 
especially on woollen and cotton goods; although an act 
was passed at the previous session of the federal legislature 
on the subject, adopted after deliberate consideration, and 
intended to be continued in force for some years, and until 
the entire payment of the public debt should be effected. 
But that act had not given the general satisfaction which it 
was hoped it would have produced ; for after its passage, 
the opposition in South Carolina to the system of high 
duties for the protection of manufactures had continued, 
and assumed an alarming character, as already related. 
The President did not indeed, recommend a total repeal of 
the law in consequence of such opposition : but he ex- 
pressed the opinion and desire, that some compromise should 
be made ; and the law so modified as to be less exceptiona- 
ble than it was with its present provisions. And an act 



tions, rightfully possessing and exercising, each within its own jurisdiction, all 
the attributes of supreme power ; that, by the federal Constitution, they agreed 
to form a general government, and to surrender a part of their powers, not the 
whole, into the hands of this government ; that, having described the form of 
the new government, they declared precisely what powers they gave it ; and 
having cautiously described and defined the powers given to the federal gov- 
ernment for greater security, they expressly declared ihat the powers not dele- 
gated to the United States, by the Constitution, are reserved to the States, or to 
the people thereof" Another highly eminent and learned statesmen has as- 
serted, in a late public address, " That these States, separately considered and 
existing, were never sovereign and independent ; and are only so in their united 
and aggregate character." But this doctrine does not appear entirely consistent 
with the phrase in the Declaration of Independence, " That these colonies were 
sovereign and independent States" — not that these States were sovereign and 
independent merely when united, or when acting in concert for liberty — and 
the Constitution of the State of Massachusetts required of every one in public 
office to declare, that the commonwealth was of right a free, sovereign, and 
independent State, though it contains a clause authorizing a grant of civil power 
to Congress for general purposes. 

This doctrine or opinion has not generally been admitted ; nor does it now 
prevail to any great extent. In addition to the remarks in the first part of this 
volume, the following preamble to resolves is presented, which were adopted 
by a large meeting in New Hampshire, in 1808, and said to be penned by tht 
distinguished expounder of the Constitution, in a more recent period. "The 
government of the United States is a delegated, limited government — the in- 
dividual States originally complete sovereignties. They were so many distinct 
nations, rightfully possessing and exercising, each within its own jurisdiction, 
all the attributes of supreme power. By the Constitution, they mutually 
agreed to form a general government, and to surrender a part of their powers, 
not the whole, into the hands of this government. Having described the form 
they declare precisely what powers they give it ; and then, for greater security, 
expressly declare, that the powers not delegated to the United States by the 
Constitution, are reserved to the States respectively, or to the people." 



1833] JACKSON. •-— 401 

Avas passed by Congress, in March, 1833, modifying, in 
some important points, the law of the previous session. It 
provided for the gradual reduction of duties on imports, to 
take effect, in part, on the first of January, 1834 ; on the 
first of January, 1836 ; on the first of January, 1838 ; and 
on the first of January, 1840 : in the following manner — 
from all duties, which exceeded twenty per cent, on the 
value of the imported goods or articles, one tenth part of 
such excess shouIH he deducted, at each of the said periods ; 
and that on and after the first of January, 1842, one half 
of the residue of such excess should be deduced, and the 
other half on and after the first of June, 1842.* 

One design of this compromise-act, supported and urged 
with great zeal by Mr. Clay, a member of the Senate from 
Kentucky, was to conciliate the southern States. The grad- 
ual operation of the law, it was also said, would prevent 
all injurious effects on the manufacturing interests of the 
country. And the fact, that the public debt was then almost 
and would soon be wholly extinguished, furnished another 
consideration for discontinuing the high rate of duties, for 
the purpose of a large revenue. This act however, was not 
passed without great opposition, and chiefly from members 
belonging to the eastern and middle States. By them, it 
was considered an abandonment of the established policy 
of the federal government, which had previously been in 
favor of the protective system ; and would prove not only 
an injury to individuals, but serve to check the extension 
of manufactures, so important to the general prosperity of 
the country. 

* See page S95. 

61 



402 FEDERAL GOVERNMENT. [1833 



CHAPTER XIV. 

General Jackson elected President for a second Term, Difficulty with South 
Carolina, on account of the Tariff Laws, and Regulations. President's 
Proclamation. Debates in Congress on State Rights. Controversy with 
France for not Paying United States according to Treaty of 1831. Presi- 
dent proposes Reprisals, and uses strong terms censuring the French Gov- 
ernment. Northeast Boundary Question. Removal of the Indian Tribes. 
Bill for distributing proceeds of Sales of Public Lands. President's preju- 
dices and denunciations against the Banks. His views of a Metallic Cur- 
rency. Increase of Mints. General evils of discontinuing Banks. A 
plan for a Sub-Treasury. Separation of Banks and the Government — Under 
control of Executive — Danger of such a System. General Jackson's Polit- 
ical Character. His Views of Executive Power novel and alarming. The 
Effects of his peculiar Policy as to the Currency — His retirement from Office. 
Failure of his Financial and Monetary Schemes. 

It has been alread7 noticed that President Jackson early 
discovered views decidedly hostile to all banking companies, 
and in favor of introducing a metallic currency. Of the 
bank of the United States he appeared particularly jealous. 
He overlooked its numerous advantages to the country; 
represented it as improperly administered ; and intimated 
that there was a settled design to dictate to the federal gov- 
ernment, and to corrupt the people. This opposition to the 
institution was sharpened by a belief, in the President and 
some of his friends, that its officers were his political ene- 
mies, and were exerting their influence against his re-elec- 
tion, by granting pecuniary accommodations to induce in- 
dividuals to oppose it. The prejudices which he entertained 
against the United States bank were, in a great measure, 
unjust ;* and yet his opinion of the evils arising from the 
multiplication of banks, and of an increased circulation of 
bank paper in the country, was adopted by a large portion 
of the people, who were not interested in those institutions. 
But his plan of an immediate prevention of a paper cur- 
rency, and of introducing one exclusively of gold and silver, 
was utterly impracticable, and must have operated to the 
injury of the whole community: and so far as the policy 

* His hostility to the bank, and the misrepresentations of his political friends, 
had, perhaps, induced the directors and advocates of the bank to oppose his 
continuance in office. 



1833] JACKSON. 40a 

prevailed, it produced great embarrassments in the mon- 
etary concerns of the country. In accordance with his 
views of the insecurity and defects of banks, the President 
recommended an examination into the state of the bank of 
the United States, and the proceedings of its directors^. He 
even intimated doubts of the safety of the government funds 
in that bank, and the propriety of having some other place 
of deposite. An examination of the state and administra- 
tion of that bank was soon after had by a committee of 
Congress ; which reported in favor of its safety and good 
management. But the President was not satisfied with the 
report, nor disposed to leave the public funds under the di- 
rection and control of Congress, which as the representatives 
of the people, have the only legitimate and constitutional 
authority over them. And in the course of the year, by an 
arbitrary act, assumed to himself the right to decide as to 
the place and manner of keeping them, without authority 
from Congress, contrary to the spirit of the Constitution, 
and to all former practice by the executive. 

There was a general expression of disapprobation of this 
act of the President. All impartial men condemned it : and 
many of the friends of the administration admitted it to be 
arbitrary, whether the management of the bank had been 
improper or not, as it was an exercise of power not within 
the constitutional competency of the executive. Even his 
belief that the public good required it, could furnish no just 
apology ; as the national legislature was soon to meet, and 
would adopt such measures in the case, as its collected wis- 
dom might dictate. 

The conduct of the President afterwards, in reference to 
this subject, was not calculated to show that he was alto- 
gether free from personal or party prejudices in the transac- 
tion. When the Senate requested a statement of his reasons 
for the measure, made by him to his cabinet, before its 
adoption, but after his resolution had been taken, he refused 
to communicate it ; and Congress was thus left in doubt as 
to his real motives, or his arguments in favor of the act of 
removing the public funds from the bank, where by law 
they were deposited. — After full and able discussion, a large 
majority of both branches of the national legislature gave 
their assent, at this session, to a bill for distributing the pro- 
ceeds of sales of the public lands among the several States, 
according to their population. It was not proposed to include 
all the lands belonging to the United States, but such portions 
as might be sold within a certain limited time. The public 
debt would soon be entirely paid ; and the lands, it was 



404 FEDERAL GOVERNMENT. ' [1833 

contended, being granted for the benefit of the Union, or all 
the States in the Union, might now justly be appropriated 
for such purpose. Many of the States were then engaged 
in making internal improvements, and needed the aid to be 
derived from their part of the proceeds of the sale. The 
States in Avhich large tracts of the public lands were found, 
were claiming or requesting more than their due proportion, 
for these and similar purposes ; and it was justly urged, 
that the other, especially the original States, should receive 
their full share. This measure was generally considered to 
be beneficial and equitable : but it was opposed by the mem- 
bers of Congress from the new States, and by some of the 
friends of the administration, who desired the amount 
arising from the sale of public lands should be at the disposal 
or in the keeping of the executive department of the gov- 
ernment. It was passed, however, by a vote of more than 
two to one, in the House of Representatives, and of twenty- 
three to five, in the Senate. And yet the President declined 
giving it his approval and signature. His conduct on the 
occasion was severely censured : not that his right to with- 
hold his signature was denied, though it was taking great 
responsibility after the passage of the bill by so large a 
majority ; but the manner of destroying the bill was deemed 
unprecedented and arbitrary. Had he returned it to Con- 
gress, with his objections, it might and probably would still 
have become a law ; as more than two thirds of each branch 
of the legislature had voted in favor of it. But he retained 
it in his hands, till the session was closed, and that Con- 
gress expired ; and thus an important measure was defeated, 
by the arbitrary will of the chief magistrate. 

This act of the executive was not only arbitrary, but 
was highly injurious in its consequences. Had the bill been 
approved by the President, and passed into a law, the States 
would have received, from the proceeds of sales of the 
public lands in three years, upwards of fifty millions of 
dollars — besides twelve and one half per cent, allowed to 
the States in which the lands were situated, amounting to 
over six millions. Nor would this plan have been oppressive 
to the common people, who wished to purchase small lots 
for their own possession, nor given facilities to capitalists to 
purchase large tracts for speculation : for it provided for 
eales ins mall parcels.* Since that time, the dominant party 

* The State of New York would have thus received between 1833 and 1836, 
eight millions of dollars : Pennsylvania, five millions seven hundred and fifty 
thousand : Virginia, four and one half millions : Ohio, about the same sum ; 
Massachusetts, two millions: North Carolina, nearly four millions: gouth Caro- 



1833] JACKSON. 405 

in Congress has opposed all similar efforts to dispose of the 
public lands, the sale of which wonld have given a large 
amount to each State. And these lands are melting away 
from the hands of the government, in continual grants for 
roads, or for public buildings and institutions for the benefit 
of particular Stales; in utter disregard of the conditions, on 
which they were ceded or purchased. 

It is difficult to account for this conduct of the President, 
or of the dominant party in Congress, which gave him its 
support; but on the supposition, that they were to be ap- 
propriated, as circumstances might require, for the purpose 
of conciliating certain States and sections of the Union. — 
It is hardly to be supposed, that personal feelings dictated 
t?iis conduct of the executive, and that he opposed and 
prevented the plan solely from his prejudices against the 
author of it.* 

Another measure of deep interest to the Union, and in- 
volving great constitutional questions, as to the extent of 
the powers of the federal government, was adopted during 
this meeting of Congress. This was an additional law 
relating to the collection of duties on imports into the 
United States. The State of South Carolina, had not only 
passed resolutions, declaring the tariff law of July, 1832, 
unequal and oppressive, but unconstitutional and void; 
and had even made an ordinance to resist and repel any 
attempts to execute the law within that State by officers of 
the federal government.! Congress saw fit to legislate on 
the subject ; and a law was passed authorizing the Presi- 

lina, two millions : New Hampshire, one million one hundred and twenty 
thousand : Georgia, one million and four hundred thousand : Tennessee, two 
million six hundred and seventy thousand &c. 

* This bill for " the temporary appropriation of the proceeds of the sales of 
the public lands," provided that, for the term of five years, from the first of Jan- 
uary, 1833, there should be allowed to the States of Ohio, Indiana, Illinois, Ala- 
abma, Missouri, Mississippi and Louisiana, respectively, above their due share, 
twelve and a half per cent, for objects of education and internal improvements, 
as the legislatures of those States should direct : and that the other seven- 
eighths should be divided among all the States in the Union. This bill was 
neither approved nor returned to Congress, at the session when it passed the 
two branches of the legislature, as has been before noticed; and when the 
President returned it, at the next session, his principal objection to it was, that 
it was contrary to the terms of the cession of these lands to the United States; 
which were, that they should be for the benefit of the whole Union; whereas 
the bill gave more than an equal portion to the new States, in which the lands 
were situated. And j'et he had before expressed an opinion that these public 
lands should be considered as belonging entirely to the States wherein they 
were found. 

t See page 397. 



406 FEDERAL GOVERNMENT. [1833 

dent to enforce the laws for the collection of a revenue 
arising from imposts, and to establish custom houses in 
such other places as might be necessary for security, and 
for the collection of the legal duties, instead of the place 
designated by the existing laws of Congress. 

It was on this occasion, that the resolutions were offered 
by a Senator from South Carolina, Mr. Calhoun, relating 
to the powers of the federal government, and the reserved 
rights of the several States. He opposed the new collec- 
tion bill, and supported the resolutions, which were in favor 
of the right of a State to declare and to oppose a law of 
Congress as unconstitutional, when supposed by such 
State to exceed the power delegated to the federal govern- 
ment. His speech was considered to be plausible, in- 
genious, eloquent, and in some parts argumentative and 
powerful. But he pressed the doctrine of State rights so far, 
as to deny the paramount authority of the federal govern- 
ment, and to endanger the stability of the Union. Those 
who had before advocated the doctrine of State rights, had 
admitted, that the general government was absolutely su- 
preme in its authority throughout the States, as to the ob- 
jects and purposes declared in the Constitution to belong 
to it ; while all power not given was reserved to the several 
States. The collection of a revenue, and the rate of duties 
to produce a revenue, were exclusively in the jurisdiction 
of Congress. The Senator from South Carolina contended, 
that a single State might judge of the constitutionality of a 
law of Congress on any subject, might declare it unconsti- 
tutional, and therefore render it null and void in such 
State. He hesitated to insist explicitly on the right, or the 
propriety of using force against the authority of the United 
States ; but measures were adopted in that State, to resist 
force by force ; and many there asserted a right to make 
such resistance. It was indeed, proposed by the legisla- 
ture of South Carolina, to have a convention of delegates 
from all the States, to alter the Constitution, and deny to 
Congress all authority to impose duties for the protection 
of domestic manufactures, and only for the purposes of a 
revenue. 

The new Collection Bill was advocated by the most able 
members of the Senate,* and particularly by one of the 
Senators from Massachusetts, Mr. Webster. And in giving 
his reasons in favor of the measure, he referred to the reso- 
lutions offered by Mr. Calhoun, of South Carolina, which 

* See Appendix. 



1833] JACKSON. 407 

were then pending before the Senate, and the correctness 
of which that Senator had endeavored to vindicate. The 
reply of the Senator from Massachusetts, was admitted to 
he uncommonly powerful ; and his doctrine of the suprem- 
acy of the federal government, in all cases wherein the 
Constitution had given it jurisdiction, was allowed to be 
correct, and even necessary to the authority of Congress in 
any case, and to the preservation of the Union. The 
theory of the Senator from South Carolina, was shown, by 
the Senator of Massachusetts, to be fraught with danger to 
the Union, and as leading to the utter prostration of all the 
powers of the general government. It was denied, that a 
State had a right to annul an act of the national legislature 
relating to a subject exclusively placed under its authority; 
and much more to oppose its acts by force, on the pretence 
that they were unconstitutional ; but admitted that any 
State, considering itself aggrieved by an act of Congress, 
or in the belief of its unconstitutionality, might appeal to 
other States, and propose a general convention for an altera- 
tion of the Constitution. Any other opposition was deemed 
to be rebellion and revolution. 

Similar arguments were advanced by the Senator of 
Massachusetts, on this very interesting occasion, as he had 
offered a few years before, in his reply to another Senator 
from South Carolina, Mr. Hayne, who asserted the doctrine 
contended for in the resolutions, when he was pleading for 
a liberal allotment of the public lands to the settlers in the 
new States. On both these occasions, the Senator of Mas- 
sachusetts was believed to be the most correct in his views, on 
the powers of the general government, as well as most 
convincing in his arguments : and these two speeches, 
perhaps, contained the best explanation and vindication of 
the authority of Congress, under the Constitution, which are 
to be found in any productions or publications on the sub- 
ject. In the exercise of political authority relating to the 
subjects, stated in the federal compact, to be vested in the 
national government, it is paramount to all State authority : 
but on subjects, not enumerated as committed to the juris- 
diction of Congress, the right of a State to legislate, is indis- 
putable and exclusive. And it can justly become a ques- 
tion, as to the power of the federal government in a measure 
proposed, only so far as to ascertain if it be included in 
some of the enumerated powers, or necessary to carry into 
eifect the authority clearly delegated. 

To pretend that a State may declare a law of Congress, 
relating to a subject, the reguktion of which is given to 



408 FEDERAL GOVERNMENT. [1833 

the national government, unconstitutional, and therefore 
null and void, is evidently unsound in theory, and of a 
directly disorganizing character. Nor can it jusiify the op- 
pugnation of a State, that the law operates unequally, if 
such was not its object and desiga. All laws on naviga- 
tion, imposts, and taxes, operate in some measure un- 
equally, yet if they are of an uniform character, and are 
founded on general principles applicable to all, there is no 
just cause to complain; certainly not, forcibly to oppose. 
Partial and unequal statutes are in some degree arbitrary, 
and remonstrances against them are perfectly justifiable. 
Bat a declaration to nullify them would be identical with 
revolution ; or must be deemed an idle threat. While the 
federal government exercises the powers given to it by the 
ConstitutioUj even with some want of wisd(fm, and with 
incidental results not perfectly equal and uniform, the citi- 
zens are bound to submit, until a remedy or prevention 
can be legally provided. 

On the fourth of March, 1833, Andrew Jackson com- 
menced a second term of President of the United States ; 
having been previously and officially declared by Congress 
to be duly re-elected by a large majority of the votes given 
in all the States. Martin Van Buren, of the State of New 
York, was chosen Vice-President for the same term. Mr. 
Van Buren had been Senator in Congress, Governor of the 
State of New York, and minister to the British Court, by 
appointment of General Jackson : and he professed to be a 
great personal and pohtical friend of the President. Gen- 
eral Jackson had then a strong hold on the confidence of 
the people ; and yet his opposition to the bank of the 
United States, and his prevention of the passage of the bill 
for a distribution of the proceeds of sales of public lands 
among the several States, gave dissatisfaction to many of 
his former supporters. 

In the address of General Jackson, when he was induct- 
ed into office, as chief magistrate of the Union, for a second 
term, he expressed his gratitude to the people of the United 
States, for this renewed proof of their confidence. He ob- 
served, " that there were two objects, relating to the do- 
mestic policy of the government, which especially deserved 
the attention both of the people and of their representatives, 
and which had lately been, and would probably continue 
to be, subjects of deep sohcitude ; and these were, the pres- 
ervation of the rights of the States, and the integrity of the 
Union. These great objects are necessarily connected, and 
can only be attained by an enlightened exercise of the 



1833] JACKSON. 409 

powers of each within its appropriate sphere, in conformity 
with the pubHc will, constitutionally expressed. It be- 
comes the duty of all, tiierefore, to yield a ready submis- 
sion to laws constitutionally enacted, and thereby promote 
and strengthen a proper confidence in those institutions of 
the several States, and of the United States, which the people 
themselves have ordained for their own government." And, 
as to the foreign policy adopted by the federal government, 
soon after its formation, and generally pursued by successive 
administrations, he said, " it had been crowned with almost 
complete success, and had elevated the American character 
among the nations of the earth. So happy have been its re- 
sults, that we are at peace with all the world, and have few 
causes of controversy, ai^.d those of minor importance, re- 
maining imadjusted." In conformity to the obligations of 
the oath, which he was about to take, he declared it to be 
"his fixed and solemn purpose to exert all his best facul- 
ties to maintain the just powers of the Constitution, and to 
transmit, unimpaired, to posterity, the blessings of the fed- 
eral Union." 

Few, perhaps, doubted the sincerity of these declara- 
tions, or denied that the President was generally actuated 
by patriotic views. And yet, in administering the govern- 
ment, he committed errors of a dangerous tendency, and 
the practical effects of which were injurious to the enter- 
prises of the people, unfavorable to the advancing prosper- 
ity of the country, and encroaching on the powers of the 
legislative branch of the government. The causes of these 
errors have been difierently estimated, both as to their 
character and their direct results. President Jackson had 
strong passions, and he was susceptible of jealousy, under 
the influence of selfish individuals, with much of mere 
party feelings ; and his natural decision of character led 
him sometimes to adopt injudicious measures, and to ad- 
here to them with great pertinacity and obstinacy. With 
impartial men. it can hardly admit of a doubt, that it was 
a great error, in a government like that of the United 
States, where the powers of the executive are expressly 
declared and limited, and a written Constitution is the 
guide of the rulers as well as of the people, for the chief 
magistrate to assume undelegated authority, and to take 
on himself the responsibility of measures not sanctioned by 
Congress, except in cases of sudden and unexpected emer- 
gency ; and still more so. to give directions relating to the 
disposition and keeping of the funds of the United States, 
contrary to the regular laws of the whole national legisla- 
52 



410 FEDERAL GOVERNMENT. [1833 

ture. But this the President presumed to do, in Septem- 
ber, 1833, by an express and peremptory direction to the 
Secretary of the Treasury, to remove the pnbhc funds from 
the bank of the United States, and to take them into his 
personal keeping, subject, however, to his own con- 
trol and orders. This extraordinary act was not commit- 
ted, indeed, without some show of reason, though wholly 
mijiistifiable in a legal view; or from any necessity, as a 
measure of security, in the exigency of the time. The 
strong prejudices and opposition of the President towards 
this bank have been already seen. His official right to give 
a negative to a bill which passed the two Houses of Con- 
gress, some time before, for renewing the charter of the 
bank, was admitted ; although, in withholding his assent, 
he discovered rather the strength of his prejudices, than a 
correct knowledge of the benefits derived from that institu- 
tion, both to the government and to the people throughout 
the United States. The hostility of the President to the 
bank, arose in part, perhaps, from his opinion that the 
banking system was too much extended, and a wish to 
diminish the paper currency of the country, and to intro- 
duce that of specie in its place. He had also been led to 
believe that the bank was, in some measure, a political en- 
gine, and had been instrumental in opposing his re-election. 
But this belief furnished no good apology for his conduct, 
in arbitrarily withdrawing the public funds from the bank, 
where they were kept by a law of Congress. It is a fun- 
damental principle, in a free government, that the immedi- 
ate representatives of the people should keep the purse 
strings, and should have the constant and supreme control 
of the public funds. The Constitution of the United States 
fully recognizes this important principle. It was by a law 
of Congress, that the national funds were deposited in the 
bank of the United States, for safe keeping, and for the 
benefit of government. And, in consequence of vague re- 
ports, unfavorable to its management. Congress had then 
recently had an examination, by a committee, of its ad- 
ministration and of its condition. But they found no rea- 
son to order the removal of the pubUc funds from the 
bank, either for safety or for any other object. And it 
would have been sufficient for the President to have given 
information to Congress, at the ensuing session, of any 
supposed mismanagement or insecurity of the bank, with a 
view to legislative action on the subject ; unless, indeed, 
during the recess, some gross frauds, or great defalcations, 
had come to his Imowledge, and the removal of the national 



1833] JACKSON. 411 

funds were imperiously and immediately required for se- 
curity. No such crisis had occurred. Nor were fears 
generally entertained of the ability or safety of the bank. 
One Secretary of the Treasury declined being instrumental 
in removing the government funds, as there was no law of 
Congress for such an act. But the President had resolved 
on the measure, and assumed the responsibility of an act, 
which required the authority and sanction of the national 
legislature. This arbitrary conduct, which was an as- 
sumption of the power of the whole government by the 
executive, was highly alarming to the friends of republi- 
can liberty and of law, who cherished a due regard for the 
Constitution. They thought they saw in it a dangerous 
inroad on constitutional liberty, especially as it was pre- 
tended to be done at the will and for the benefit of the peo- 
ple. For such has been the pretence of usurpers and arbi- 
trary rulers in all ages. The power they have exercised 
without right and without law, they have attempted to 
justify by the necessity of the case, or the plea of more 
directly and more effectually promoting the good of the 
people. Popular governments have generally been des- 
troyed by such plausible pretexts. 

The measure of the President, in his removal of the pub- 
lic funds from the bank of the United States, where they 
had been kept by a law of Congress, and after a committee 
of the House of Representatives had reported in favor of 
the faithful administration, and the safety of the institution, 
was condemned as highly improper by all but his devoted 
political friends. The Senate called on him for the in- 
structions he gave for the removal of the public funds, and 
other proceedings on the subject. But this he declined 
doing, on the pretence, that he was the keeper, and had the 
control of the treasury and of the officers appointed in that 
department ; and asserted his independency of the Senate, 
and his irresponsibility to them, in this case, as he was the 
chief executive officer of the government. He remonstrated 
against this act of the Senate ; and demanded his remon- 
strance to be put on their records. But they did not sub- 
mit to such an humiliating act. And the demand of the 
President was deemed highly improper, and an instance of 
the dangerous interference with the independence of that 
branch of the government. The majority of the Senate, at 
that period, disapproved of several of the projects and 
measures of President Jackson ; among which was that of 
discontinuing the national bank, and of having the currency 
to consist wholly of specie. The latter, they considered a 



412 FEDERAL GOVERNMENT. [1833 

mere experiment; at once injurious and impracticable. 
They were advocates for tlie credit system, which he 
viewed with much disfavor ; and they expressed the opin- 
ion that well regulated banks, and bills, when there were 
means for redeeming them, were of essential benefit in the 
present state of the country. 

The President continued his hostility to the bank of the 
United States to the close of his administration. He had 
persuaded himself that it was a dangerous institution; al- 
though there was probably much prejudice operating in the 
formation of this opinion. He considered it a monopoly, in 
the hands of a few ; and as an instrument for electioneering 
purposes, inconsistent with the free and independent suf- 
frages of the people. While the bank continued, he deemed 
it also a great obstacle to his scheme of an exclusive metal- 
lic currency in the nation. 

Banking companies had then been greatly multiplied ; 
and the abundance of paper bills issued, were in some re- 
spects an evil in the community. And this increase of 
paper money had served, in a great measure, to exclude the 
circulation of gold and silver, as the medium of business 
and trade. The President proposed the impracticable plan 
of prohibiting all banks, and of introducing an entire metal- 
lic currency for the Union. And this plan led him into 
great errors, of a paralyzing effect on the enterprise and 
business of the country. It was believed that, in the pros- 
ecution of this visionary plan, he and his political friends 
M''ere opposed to the credit system, which had always 
existed in the country, and which in a young and growing 
nation, like the United States, was indispensable to any 
great prosperity, and to the development of its unbounded 
resources. 

The effects of this policy of the administration were highly 
disastrous to the enterprising efforts of the people, some 
time before the close of President Jackson's administration, 
and during the year in which he retired from office. The 
discontinuance of the United States Bank produced a great 
shock to the trade and enterprise of the country ; and led 
to the increase of State banks, of far less ability, and enjoy- 
ing much less of the public confidence. The results were 
a great pressure in the monetary concerns of the people, 
and of numerous instances of insolvency. The paper of 
banks, which were well established and wisely adminis- 
tered, had been a great facility to men in business ; and the 
bank of the United States was alike a standard and a reg- 
ulator for the paper currency throughout the country. 



1833] JACKSON. 413 

When the President was called upon by petitions and by 
committees from the large trading cities, he coolly replied, 
" That the government could give no relief, and provide no 
remedy ; that the banks were the occasion of all the evils 
which existed, and that those who suffered by their great 
enterprises had none to blame but themselves." Had all 
the evils arisen from over trading or imprudent speculation, 
it might have been a just rebuke. But there was little sat- 
isfaction derived from it, and little justice in the declaration, 
since the evils and embarrassments which existed, were, in 
a great measure, owing to the arbitrary interference and the 
impolitic measures of the administration ; and these meas- 
ures had been approved, and in most instances strongly 
recommended by him. His popularity and influence were 
great ; and it was generally sufficient to ensure the passage 
of a law, that he had proposed it. But for his opposition, the 
bank of the United States would have been continued ; for 
not only the Senate, but the Representatives were in favor of 
a renewal of its charter ; and their committee had reported in 
its favor, a few months before the President inflicted a 
deadly blow on it, by the removal of the public funds. The 
pretence of the unconstitutionality of the bank cannot be 
supposed sincere, nor the greatest objection to the institution, 
without the charge of some vanity in those who made it ; 
after it had received the sanction of Washington, Madison, 
Monroe, and Adams. The evils predicted to follow from 
its discontinuance were soon and fully realized; while the 
benefits and blessings which were to result to the commu- 
nity, from the experiment, have not yet been witnessed in 
any part of the Union, nor enjoyed by any class of people, 
or department of industry. 

The question respecting the boundary line between the 
United States and the British province of New Brunswick, 
which had often been discussed under former administra- 
tions, remained undetermined, during the presidency of 
General Jackson ; and was, at times, the cause of serious 
apprehensions of a war with England. The description 
contained in the treaty of 1783 with Great Britain, at the 
close of the war of the Revolution, (referring in some meas- 
ure to old maps and treaties* between France and Eng- 
land,) and recognized by the treaty of Ghent in 1815, was 
not sufficiently precise and clear to prevent all controversy 

* The treaty between England and France in 1763, which was followed, as 
to the bounds between Nova Scotia and Maine, in 1783, described the line as 
running north from the source of the St. Croix to the highlands separating the 
rivers falling into the Atlantic from those falling into the St. Lawrence. 



414 FEDERAL GOVERNMENT. [1833 

on the subject. And it was doubtful how far north the line 
should be run ; and where were the highlands separating 
the rivers running into the Atlantic ocean, or bay of Fnndy, 
on the one hand, and into the river of Canada, or St. Law- 
rence, on the other; before making an angle, by running 
southwesterly. 

The administration was accused of having made conces- 
sions, or overtures, which the British ministry turned to 
their own account, by construing the proposal as an ac- 
knowledgment, that the government of the United States 
was sensible of the weakness of its claim so far north, as 
had been usually advanced ; or at least as indicating a read- 
iness to relinquish a part of the claim for land near the 
Atlantic, One proposition of the executive also was to 
yield to the British claim in part, for the purpose of settling 
the dispute, by giving up a large tract in the northeast of 
Maine, and to give an equivalent to that State, by the grant 
of a tract of the public lands in the western part of the 
United States. In this case, the rights and interest of Mas- 
sachusetts appear not to have been regarded : for the latter 
State owned a moiety of the territory in dispute, in the 
northeastern part of Maine. 

Had the administration invariably contended for the 
whole claim, as had been previously urged, according to a 
strict construction of the treaty of 1783, the difficulty would 
probably have been settled at an early day ; and in such 
manner as to have satisfied the people of the United States. 
This proposition, however, might have been made in a sin- 
cere desire to bring the controversy to a close. The dispute 
was referred, by the former administration, to the decision 
of an arbitrator, who was to judge where were the dividing 
highlands ; or how far north the line should run, before an 
angle should be made by a line tending westerly. He was 
not, indeed, authorized to propose a compromise ; and yet 
must have had some discretionary power. 

The British government conducted with less fairness and 
candor, in this dispute, than might have been expected. — • 
There was certainly little justice, or reason, in their claims, 
'l^he royal arbitrator, to whom the subject was referred in 
1830, although he did not establish the entire claim of the 
United States, but proposed a compromise, which he was 
not authorized to do by the terms of the reference, gave an 
opinion adverse to the pretensions of the British, For by 
his opinion, he extended the right of the United States far 
north of the lands or territory, for which FiUgland had con- 
tended, as being beyond the bounds between Nova Scotia 



1833] JACKSON. 415 

and Maine, fixed by the treaty of peace. They contended 
for Hmiting the north hne from the St. Croix to the first 
highlands to be found in that direction ; instead of extend- 
ing farther north, as the treaty had defined it, to the high- 
lands separating the rivers flowing into the Atlantic from 
those which emptied into the St. Lawrence. And this made 
a difference of more than one hundred miles in the extent 
of the line, and of several millions of acres of land. The 
conduct of the British government, in this controversy, 
seems to have been dictated by a strong desire to have a 
more direct route, over their own territory, from the province 
of New Brunswick to Canada. 

In 1833, there existed some apprehensions of a war with 
France ; arising from the refusal, or delay, on the part of 
the French government, to fulfil the terms of the treaty, 
made two years before ; in which compensation was prom- 
ised to be made for depredations on American commerce, 
at a former period. This claim had long been a subject of 
negotiation between France and the United States. But 
the French rulers did not explicitly acknowledge the validity 
and justice of the American claims, nor engage to make in- 
demnity for former depredations until the year 1831. In 
that year, a treaty was made for the purpose, through the 
able and zealous efforts of Mr. Rives, then the American 
Envoy at the court of France. The agreement was to pay 
the amount, admitted to be due, in several annual instal- 
ments; the first to be made in January, 1833. But this 
first payment was not made when due, according to the 
treaty. And after several demands, or requests, for the 
sum, the President appeared disposed to enforce the pay- 
ment. In his public communications to Congress, and in 
his instructions to the minister of the United States then at 
the French court, his language was somewhat of a threat- 
ening character; and the implication was, that he consid- 
ered both the honor and interest of the nation required a 
resort to force, unless the payment were immediately made, 
as stipulated in the treaty of 1831. It is not to be supposed, 
however, that he would have solemnly advised or proposed 
war, for the delay of payment of a few millions of dollars, 
however justly due ; especially as there was reason to be- 
lieve that the French government would not wholly refuse 
to pay, though there was an unreasonable delay on the 
subject. In a special message to Congress, early in 1834, 
the President spoke in strong terms of the injustice of France, 
by such delay of payment ; and expressed an opinion that 
war, on this account, would be justifiable ; but he did not 



416 FEDERAL GOVERNMENT. [1834 

recommend such a measure. And had he proposed such a 
course, great as was his influence, at that period, with the 
majority in Congress, it is doubtful whether the project 
would have been approved and sanctioned: and yet as im- 
proper and imprudent measures have often been supported 
from party feelings, and for party purposes. The language 
of the President was the more alarming, because he was a 
military character. But the conduct of France justified him 
in speaking emphatically; and probably any one of his 
predecessors would have considered it a duty to the nation, 
to speak in a decided tone of the injustice of the act. The 
delay, on the part of France, however, was not to be im- 
puted to any deliberate purpose to violate its solemn en- 
gagements; but to the struggles of political parties in that 
government at the time.* 

Judging from the representations given by the President, 
in his annua] message to Congress, December, 1834, the 
state of the country was highly prosperous, and its future 
prospects flattering to every patriotic citizen. But he still 
admonished the representatives of the people of the neces- 
sity of constant attention, to realize these anticipations. — 
The attention of the administration, he said, had been given 
to the subject of the northeastern boundary ; and efforts 
made, by negotiations with Great Britain, as advised by 
the Senate, to settle and adjust the dispute, by establishing 
a line according to the treaty of 1783. There had been no 
definite result, indeed, as had been desired and expected; 
but there was reason to believe that the controversy would 
soon be brought to a satisfactory termination. President 
Jackson and his predecessors, had made repeated efiorts to 
have the line fixed, and to prevent all further collision and 
dispute ; and it was believed that General Jackson had 
authorized the Secretary of State to make proposals, with 
a view to an amicable settlement of the controversy, for 
disposing of the extreme north section of the disputed ter- 
ritory, by way of compromise. Such a mode of adjusting 
the dispute, was not approved by the people generally ; and 
least of all by the citizens of Maine, who had ever been 
determined to retain the whole. 



* It is not improbable, that his predecessors would have spoken decidedly 
on this subject; and pressed the demand for payment with earnestness and zeal. 
And, in ages past, the conduct of France might have provoked a war. But, 
happily, there is now a spirit abroad in the world opposed to war, and in favor 
of peace, where it is possible to obtain justice by negotiation; and the rulers 
of a nation, who now rush hastily into a state of war, would receive the cen- 
sures of a great part of Christendom. 



1834] JACKSON. 417 

Agreeable to treaties made with Russia, Austria, Prussia, 
Sweeden, Holland, and Denmark, the commerce of the 
United States with those nations was fostered by reciprocal 
good will ; and no disputes existed with eitlier of them. — 
The government of Spain had recently ratified the Conven- 
tion, previously signed by the Envoys of that court and of 
the United States ; and by wliich the claims of American 
citizens were agreed to be allowed and paid. The parent 
government of Spain had been reconciled to the indepen- 
dence of its American colonies ; and the President stated, 
" that the government of the United States had been in- 
strumental in this happy event." He also alluded to the 
republics of South America; and while he regretted, " that 
they had not reached a more settled and tranquil civil state," 
he said, '' there was no just apprehensions of immediate 
misunderstanding or collision between them and the United 
States." 

The payment for claims on the Neapolitan government, 
for confiscations of American vessels and property, was 
made during the year 1834, as had been stipulated by a 
treaty previously ratified. The claims had long been 
pressed for allowance, but various unexpected delays had 
occurred to prevent both the allowance and the fulfilment 
of the promise to pay. The Belgian government, at this 
time, refused to ratify the Convention which had been signed 
by the minister of that government and the United States, 
on the subject of commercial intercourse between the two 
nations ; on the plea, that the Belgian Envoy had exceeded 
his instructions. An ofier was made on the part of Belgium 
to resume negotiations ; but the conditions and terms, pro- 
posed 4n the overture, were not approved by the President ; 
and he therefore declined it. 

The treaty, previously adopted between the United States 
and the Sublime Porte, in the opinion of the President, gave 
favorable promise of benefit to the great commercial interests 
of the country, and would serve to maintain friendly re- 
lations between the two governments. 

The boundary line between the United States and Mexico, 
agreed by treaty, some time before, to be run and fixed, 
and which the President had urged to have accomplished, 
was delayed, from a failure of the appointment of commis- 
sioners by the government of Mexico, which was then in a 
state of great internal commotion and contests between 
different parties. The Mexican authorities had not refused 
to join in establishing the boundary ; and it was believed 
would be desirous of effecting it, in a more tranquil state. 
53 



418 FEDERAL GOVERNMENT. [1834 

The President, in this message, recommended the appoint- 
ment of a minister to Venezuela, with a view to secure 
commercial advantages to the citizens of the United States. 
Ministers had been already sent to Central America, to Pern, 
and to the Brazillian government. Veneznela was one of 
three provinces—New Grenada and Eqnador were the 
others — which had been recently united with the republic 
of Colombia; which was at this time in an unsettled state, 
with a probability of being again divided. 

The state of the public treasury, at the close of the year 
1834, according to the President's message, was as follows : 
The revenue exceeded somewhat twenty millions and a 
half, and the balance in the treasury, at the beginning of 
that year, was eleven millions and a half; thus making 
an amount of thirty-two millions and a half for the ex- 
penses and payments of the year : The expenditures for 
the year amounted to twenty-five millions and a half; but 
the last portion of the public debt, which had been dimin- 
ished, annually, for twelve years, was included in this 
sum ; being nearly six millions. 

As on several former occasions, the President spoke in 
this message, with strong disapprobation of the manage- 
ment of the national bank. If he had not full proof of any 
mal-administration, or of any pernicious public influence, 
of which few impartial men appeared to be sensible, he 
must have indulged in unfounded prejudices against the 
institution, when he said that, " created for the conven- 
ience of government, it had become the scourge of the peo- 
ple." Others believed that the bank of the United States 
had fully answered the purposes for which it was incorpo- 
rated ; and had occasionally proved of great convenience 
to the government, and been favorable to the trading por- 
tion of the citizens ; without being a "scourge" to any class 
of people. Even a few instances of favoritism, which 
possibly might be justly charged against the directors, 
could not render it, on the whole, nor extensively, an evil 
to the public. But its discontinuance, by the advice and 
influence of President Jackson, produced results of incalcu- 
lable inconvenience and embarrassment throughout the 
Union — to the merchants first, and then to other classes ; to 
the farmer and the mechanic. The evils, such as they 
were, arising from banking companies, were more justly to 
be attributed to their multiplication in the several States ; 
many of which were either unwisely managed, or estab- 
lished without sufficient funds. 

The President was persuaded into the belief that the in- 
siitution was corrupt and corrupting: for he spoke "of its 



1835] JACKSON. 419 

corrupt and partizan loans." He officially expressed the 
opinion to Congress, that the public funds, still remaining 
in the bank, were unsafe, and ought to be removed, forth- 
with, by an act of the legislature. But the majority of 
Congress, although approving generally, at that time, of 
the measures of the President, did not respond to his opin- 
ion respecting the bank, nor denounce it as the source and 
cause of all or most of the prev^ailing evils in the trade and 
currency of the country. 

It has been often interrogated whether the conduct of 
President Jackson, at tlie time, or of his political disciples 
since, were conformable to his sentiments expressed in the 
following passages in his message, in 1834, — " The State 
banks, are found fully adequate to the performance of all 
the duties and services, which were required of the bank 
of the United States ; quite as promptly, and with the same 
cheapness. They have maintained themselves ; and dis- 
charged all those duties, while the bank of the United 
States was still powerful, and in the field as an open ene- 
my : and it is not possible to conceive, that they will find 
greater difficulties in their operations when that enemy 
shall cease to exist. 

" The attention of Congress is earnestly invited to the 
regulation of the deposites, in the State banks, by law. 
Although the power now exercised by the executive de- 
partment in this behalf, is only such as was uniformly 
exerted through every administration, from the origin of 
the government up to the establishment of the present 
bank, yet it is one which is susceptible of regulation by 
law ; and therefore, ought to be so regulated. The power i 
of Congress is direct, in what ylaces tJte treasurer shall keep 
the mollies of the treasury, and to impose restrictions on ex- 
ecutive authority in relation to their custody and removal, 
is unlimited; and its exercise will rather be courted than 
discouraged, by those public officers and agents on whom 
rests the responsibility for their safety. It is desirable that 
as little pov-er as possible should be left to the President or 
the Secretary of the Treasury, over these institutions, tchich, 
being thus freed from executive influence, and icithoiit a 
common head to direct their operations, would have neither 
the temptation nor ability to interfere in the political conflicts 
of the country J'* This is sound, republican doctrine; but 

* It is believed that the Sub-treasury plan is liable to these objections, and 
directly calculated, if not intended, to produce corruption, and to answer elec- 
tioneering purposes, as well as to place the public funds wholly at the disposal 
of the executive and his officers. 



420 FEDERAL GOVERNMENT. [183 

the ofRcial conduct of President Jackson was often in dis- 
regard of it. He was not onljr willing to take the respon- 
sibility of measures, without authority of law, which in 
some great exigencies might be justified or excused ; but 
in removing the public funds from the bank of the United 
States, and withholding the bill for appropriating the pro- 
ceeds of the sales of public lands, for the JDenefit of all the 
States, he acted from his own mere will and motion ; and in 
known opposition to the opinion of the majority of both 
branches of the federal legislature : thus setting up his own 
opinion to control that of the Representatives of the people, 
and assuming power for the executive highly dangerous in a 
republican government ; or regardhig the opinions of a por- 
tion of the people, expressed informally and under great 
excitement, as a guide, rather than the legislature, the only 
constitutional arbiter to decide and control as to the laws 
of the Union. 

General complaints were made, during the years 1834 
and 1835, of the great and increasing expenses of the 
federal government. Nor were these complaints coniined 
to that portion of the people who had been opposed to the 
election and administration of General Jackson. Many 
of those who were favorably disposed to his election be- 
lieved that the public funds were unfaithfully managed, 
or unnecessarily and wastefully expended. The reform 
promised, in this respect, had not been witnessed. Very 
large sums were expended by the conduct of land commis- 
sioners, of the Post Master General, of pension agents, and 
of Indian agents. There was evidently a want of faithful- 
ness or of competency in these public officers : and the 
higher functionaries of the government did not insist on 
the settlement of their accounts with the promptness and 
searching care, which were necessary. A resolution was 
ofiered, at this time, by Mr. Calhoun, a Senator from South 
Carolina, for a committee " to inquire into the extent of 
the executive patronage ; the cause of its increase of late ; 
and the expediency and means of reducing it." And this 
was evidently suggested by a belief, then generally pre- 
vailing, that the public expenditures were unreasonably 
great ; and that some expenses were incurred, and agents 
employed, by the executive, either for party purposes, or 
from want of due attention to the conduct of officers ap- 
pointed by the President. 

In his public annual message to Congress, December, 
1835, the President said, " that every branch of labor was 



1835] JACKSON. 421 

crowned with most abundant rewards ; and that in every 
element of national resources and wealth, and of individ- 
ual comfort, we witnessed the most rapid and solid im- 
provements." And, in assenting to so gratifying a posi- 
tion, the people could not but look back to past adminis- 
tions, by whose wisdom, fidelity, and foresight, measures 
had been adopted to secure this great national prosperity, 
and this permanent and progressive melioration of the con- 
dition of the country. " The general state of the foreign 
relations of the United States had not materially changed 
within the year." Little progress had been made in 
the settlement of the long-agitated subject of the north- 
eastern boundary ; but no unfriendly spirit had been mani- 
fested by the government of England ; and efforts were 
still making to bring the dispute to a favorable termination. 
The subject occupied the attention of Congress at this ses- 
sion ; but as it was in course of negotiation, under the care 
and direction of the executive, nothing was done, farther 
than to call for the correspondence relating to it for the 
year preceding, and the expression of a desire that efforts 
might be continued for its speedy settlement. 

The President referred again, at this time, to the unjust 
delay of the French government, in omitting to pay the 
amount agreed by the treaty of 1831, as a compensation 
for losses by American citizens, caused by depredations of a 
former period. He gave a minute relation of the conduct of 
France, in this its neglect to do justice to the United States, 
and to perform engagements solemnly stipulated by treaty. 
The French government had resented the threatened lan- 
guage of the President, made a year before, and his propo- 
sition to Congress to make reprisals on the vessels and 
property of French citizens; and this was one cause of de- 
lay on the part of France. The President did not recom- 
mend an immediate resort to force ; though he spoke with 
decision of this unjustifiable conduct of the French gov- 
ernment. " It was not," he said, " that the people of the 
United States regarded with any deep interest the loss of 
twenty-five millions of francs ; but they would witness any 
attack on their character, as an independent nation, with 
great sensibility." And he still indulged a hope, that the 
speedy performance of justice, on the part of France, would 
restore the former friendly spirit between that nation and 
the United States. 

The President announced the highly and imcommonly 
prosperous state of the national treasury ; and said that 



422 FEDERAL GOVERNMENT. [1835 

eleven millions of dollars would probably be found therein, 
at the close of the year. The public debt had then been 
extinguished; and no extraordinary demands had re- 
cently arisen, to require very' large drafts on the treasury 
of the nation. The recollection of this statement, no doubt 
correct, served to excite surprise, that within a short period 
after, the receipts into the treasury should not be adequate 
to the expenditures necessary to support the government; 
and that a resort was had to loans, for that purpose, in a 
time of peace. According to the estimate of the President, 
the amount in the treasury, for the usual expenditures, in- 
cluding the civil list, and the army and navy departments, 
for 183(3, would be over thirty-seven millions; the balance 
in the treasury, at the end of the year, 1835. and the reve- 
nue from imposts and proceeds of the sale of public lands, 
being supposed to amount to that sum. 

The President was so far in favor of internal inprove- 
ments, by appropriations of the national funds, that he 
proposed the completion of public works, already under- 
taken ; prefering, however, those relating to the navy yards 
and fortifications which might be necessary for defence. 

His opposition to a distribution of the surplus funds 
among the States, was again fully expressed. He proposed 
no alteration of the act relating to the rate of duties on 
imports, which was adopted two years before, on the prin- 
ciple of compromise between those for and those against 
the tariff law of 1828 ; as the subject would be open for dis- 
cussion in 1842 ; and the amount arising from imposts 
would, in his opinion, be sufficient for the expenses of gov- 
ernment. The receipts from the sales of public lands dur- 
ing the year 1835, amounted to eleven millions; and it 
was the opinion of many members of Congress, as well as 
a great portion of the people, that the sum should be dis- 
tributed among the States. The President was of a dif- 
ferent opinion ; from what motives and considerations, it 
was difficult to decide. 

The bank of the United States did not escape the notice 
of the President on this occasion. " It was incumbent on 
Congress," he said, " in guarding the pecuniary interests 
of the country, to discontinue, by law, the receipt of bills of 
the bank of the United States, in payment of the public 
revenue, and to have an agent whose duty it should be to 
take charge of the books and stock of the United States in 
that institution ; and to close all connection with it, after 
the third of March, 1836, when its charter would expire." 



1835] JACKSON. 423 

This proposition of the President discovered, as well his 
jealousy of the influence of the bank, as of his care of the 
public funds. For the charter of the bank, being soon to 
expire, it was within the competencj'- of Congress to pro- 
vide measures for receiving and guarding the national stock. 
The ofticious interference of the executive indicated an in- 
veterately hostile spirit to the banking institutions of the 
country. While others regretted the discontinuance of the 
bank of the United States, and apprehended disastrorts re- 
sults from the measure, and believed also that a specie 
currency was impracticable, and if attempted to be intro- 
duced, would produce great embarrassment and suffering 
in the community ; the President expressed high satisfac- 
tion and pleasure, in witnessing, as he persuaded himself 
he did, " The advantages which had already been derived 
from recent laws regulating the value of gold coinage." 
He predicted " That these advantages would be far greater, 
in the course of the following year, when the branch mints 
in North Carolina, Georgia, and Louisiana should have 
gone into operation — aided, as it is hoped they will be, by 
further reforms in the banking systems of the States, and 
by judicious regulations on the part of Congress, in relation 
to the custody of the public monies, it may be confidently 
anticipated that the use of gold and silver, as a circulating 
medium, will become general in the ordinary transactions 
connected with the labor of the country. The great desid- 
eratum, in modern times, is an efficient check upon the 
power of banks ; preventing that excessive issue of paper, 
whence arise those fluctuations in the standard of value, 
which render the rewards of labor uncertain." 

The events of the two or three following years did not 
fulfil the predictions of the President. The new mint es- 
tablishments, for coinage of gold and silver, served only to 
add to the expenses of the government. Every dollar 
coined cost nearly that sum in the manufacture ; and in 
some cases more even. They were indeed, only occasions 
for extending executive patronage. The suppression of the 
United States Bank was followed immediately by extensive 
embarrassments in the business of the country, and by a 
diminution both of the value of real estate, and ''of the re- 
wards of labor." Other banks of little capital were in- 
creased, and a depreciated paper augmented the public dis- 
tresses. And what was still more alarming, as it was a 
great change in all the former financial operations and 
course of the government, it led to the plan of the sub- 
treasury system ; which proposes to place the public funds 



424 FEDERAL GOVERNMENT. [1836 

entirely in the keeping and under the control of the execu- 
tive department ; thus depositing them in the hands of irre- 
sponsible individuals, instead of being at the direction of 
Congress, which would take care to have them kept in cor- 
porations of large capital and of able administration. In fact 
all the predictions of the President on these subjects were 
falsified by distressing realities which afterwards occurred. 
It was found impossible to have gold and silver the only 
medium of trade, or the only currency in the country. And 
though the opinion was grounded, tbat banks had been too 
much multiplied and should be more carefully regulated by 
law in their issues of paper, the attempt to suppress their 
hills, and to admit only of a specie currency, would have 
produced immediate distress of great extent; nor was it 
seen how it would eventually prove for the permanent ad- 
vantage of the people. It might have checked the exces- 
sive desire for speculation, and thus have proved salutary, 
by introducing more economy in the modes of living with a 
portion of the people; but it would also have prevented 
useful and commendable enterprise, and been a great hin- 
drance to the prosperity and improvement of the nation. 

The plan of suppressing banks, of preventing the circu- 
lation of their bills and notes, and of permitting an entire 
metallic currency, was certainly a bold, if not a rash ex- 
periment ; and was highly reprehensible, whether it orig- 
inated in a belief of promoting the permanent welfare of 
the country, or in a vain hope of forming a financial sys- 
tem and policy superior to that of all former times. It was 
generally admitted, that a benefit would result to the na- 
tion from a diminution of banks, existing in 1833 and 1834, 
or from a strict conformity, in their issues of bills, to the 
laws by which they were established ; but all business 
men, all practical men, all people concerned in trade, how- 
ever prudent and cautious in their speculations, were of 
the opinion, that banks were useful in the community, that 
they had been the means of the rapid increase of wealth, 
and of great general prosperity; and that the forcing of a 
metallic currency would produce very disastrous effects. 
The project for a certain portion of gold and silver, as a 
currency, was not impugned ; but it was contended that this 
could only be effected in a limited degree, and that bills 
and notes of banking companies were great facilities for 
the purposes of exchange and trade between different parts 
of the Union, and of no injury to any class of the people. 

Such, too, it was justly contended, had been the policy 
of the federal government, under every administration, 



1836] JACKSON. 425 

from its first establishment, and had answered all the ben- 
eficial purposes intended or expected. It was, therefore, 
in some degree proof of rashness in the President to deviate 
from such safe precedent ; and, under the pretence of re- 
form, or of greater security to the people, in the enjoyment 
of their rights or the just reward of their labor, to insist on 
a system altogether new in the country, in opposition to 
the judgment of men of practical wisdom, and of extensive 
knowledge, respecting the support and the operations of 
trade. No abuses of banking companies could justify the 
experiment proposed ; and the policy was early productive 
of incalculable mischiefs. It is not to be supposed that the 
President foresaw the disastrous elfects of his experiment ; 
but its failure furnishes admonition and rebuke to all rash 
innovators, and all visionary reformers of a policy which 
has long contributed to the prosperity and advancement of 
a nation. 

While he claimed the right to act independently of, and 
in opposition to, the will of the legislature relating to the 
bank, and the removal of the public funds from it, the 
President professed a desire to have little discretionary 
power in the hands of the executive, and expressed the 
opinion, that his duty was to be defined and prescribed by 
the legislature. There here appeared some degree of incon- 
sistency in his conduct, in the unauthorized removal of the 
government funds and the theoretic views of the President. 
He used the following language, when referring to the sub- 
ject in this message : "I need only to add to what I have 
said on a former occasion — that, in the regulations which 
Congress may prescribe respecting the custody of the pub- 
lic monies, it is desirable that as little discretion, as may be 
deemed consistent with their safe keeping, should be given 
to executive agents. No one can he more deeply impressed 
than I am with the soundness of the doctrine which restrains 
and limits executive discretion. In respect to the control over 
the public m,oney, this doctritie is peculiarly applicable., and 
is in harmony with the great principle which I felt I was 
sustaining in the controversy with the bank ; which has 
resulted in severing a dangerous connection between a 
monied and political power." It is difficult to perceive how 
the conduct of the President, in this case, was in harmony 
with the doctrine above asserted, or with the provisions of 
the Constitution. The majority of Congress were opposed 
to the removal of the public funds from the bank, and they 
were fully of opinion that they were safe therein ; and yet 
the executive assumed power to remove them and to take 
54 



426 FEDERAL GOVERNMENT. [1836 

them into his own keeping. General Jackson would have 
the duty and authority particularly prescribed ; and yet he 
would use his own discretion, to any extent, in his official 
acts ! 

The President referred to the State of the militia of the 
United States, and recommended its more efficient organiza- 
tion. The opinion he expressed was in accordance with 
the views of his predecessors, and of other sound statesmen 
in the republic, "The militia," he said, "constituted our 
surest defence, and ought therefore to be well organized ; 
and a classification be ordered and maintained ; as this 
only would prevent the expense and danger of keeping up 
a large regular military force." 

The removal of the Indian tribes residing on the eastern 
side of the Mississippi to a vacant territory west, was again 
mentioned by the President, at this time, and he informed 
Congress, that many of them had emigrated to tlie region 
alloted to them ; while some refused or hesitated to leave 
their former places of residence. It was his opinion, now 
anew and more explicitly declared, that their removal and 
separate location would prove highly beneficial to the tribes, 
and tend most eflfectually to their peace and welfare. 

The condition of the navy was presented to the attention 
of Congress ; and it was proposed to adopt measures for 
adding to its strength and efficiency. The views expressed 
by the President were founded in a just appreciation of the 
importance of that essential arm of national defence. 

The post office department had been now somewhat im- 
proved, since its great embarrassment at the period of two 
years before. Many delinquent agents and contractors, 
connected with that department, had been required to settle 
their accounts ; and there was a prospect that the income 
would be fully equal to the expenses of the institution. 

The President took notice, in this message, of the circu- 
lation, by the mail, of tracts and pamphlets on the subject 
of slavery, which at that period produced a great excite- 
ment in the southern section of the Union. His views on 
the subject fully appear from the extracts following : — 

" In connection with the subject of the post office, I must 
also invite your attention to the painful excitement pro- 
duced in the south, by attempts to circulate, through the 
mails, inflammatory appeals addressed to the passions of the 
slaves, in prints, and in various sorts of publications, cal- 
culated to stimulate them to insurrection, and to produce 
^11 the horrors of a servile war. 

" There is, doubtless, no respectable portion of our coun- 



1836] JACKSON. 427 

trymen, who can be so far misled as to feel any other sen- 
timent than that of indignant regret at conduct so destruc- 
tive of the harmony and peace of the country, and so re- 
pugnant to the principles of our national compact, and to the 
dictates of humanity and religion. Our happiness and 
prosperity essentially depend upon peace within our bor- 
ders ; and peace depends upon the maintenance, in good 
faith, of those compromises of the Constitution upon which 
the Union is foimded. It is fortunate for the country that 
the good sense, the generous feelings, and deep-rooted at- 
tachment of the people of thenon-slaveholding States to the 
Union, and to their fellow citizens in the south, have given 
so strong and impressive a tone to the sentiments enter- 
tained against the proceedings of the misguided persons 
who have engaged in these unconstitutional and wicked at- 
tempts, and especially against the emissaries from foreign 
parts, who have dared to interfere in this matter, as to au- 
thorize a hope that these attempts will be no longer per- 
sisted in. But if these expressions of the public shall not 
be sufficient to effect so desirable a result, not a doubt can 
be entertained, that the non-slaveholding States, so far 
from countenancing the slightest interference with the con- 
stitntional rights of the south, will be prompt to exercise 
their authority in suppressing, so far as in them lies, what- 
ever is calculated to produce this evil." 

There was a great agitation of the public mind, and had 
been for several years, on the subject of domestic slavery. 
And in their zeal to put an end to this evil, as many con- 
sidered it, or this positive injustice, as some pronounced it, 
pamphlets were printed in some of the northern States, of 
a very exciting and aggravated character; and sent by 
mail and otherwise, into those parts of the Union where 
slavery existed, and was allowed by law. Had those in 
the north, who considered slavery a social evil, inconsistent 
with republican principles, and contrary to the Christian 
religion, been content to use sober argument on the subject, 
or to publish tracts to show the evils and injustice of negro 
slavery in any form, for distribution among such as chose 
to purchase or receive them, they would not have been 
justly liable to the charges of inflammatory proceedings. 
The State governments are fully competent to regulate 
their internal police, and the federal Constitution recognizes 
the right to hold slaves, or at least has not prohibited such 
conduct in a State, where slavery then existed. It was 
therefore believed to be a violation of the federal compact, 
as well as doing great mischief to the people in the south- 



428 FEDERAL GOVERNMENT. [1836 

em States, to interfere with slavery within their jurisdic- 
tion, where it had long been maintained. Some of the pub- 
lications had a tendency to create insurrections among the 
people of color against their owners and masters, which 
would have produced incalculable evil and sufferings. 
And thus the conduct of the ultra abolitionists was highly 
reprehensible : and yet so far as they acted conscien- 
tiously, after due inquiry, it might not justly be considered 
as wicked. 

Difficulties arose in 1836, with some of the Creek and 
Cherokee tribes, in the territory of Florida. These tribes 
had always been opposed to a removal to a distant country, 
west of the Mississippi river ; and some of them refused to 
emigrate. But the greater part of them retired into Flor- 
ida ; and were there joined by stragglers from other tribes, 
as well as by the the few Indians, then residing in that 
territory. Exasperated by the severe treatment they had 
met with from Georgia, which was in some measure coun- 
tenanced by the United States authority, they attacked 
the white population, and committed numerous outrages 
and murders. It was deemed proper by the federal exec- 
utive to call on the military to check and suppress them. 
The militia were first called out under Governor Call ; and 
afterwards the United States regular troops, commanded 
by General Jessup. Governor Call was unable to quell 
these hostile Indians ; but when the President ordered 
General Jessup to proceed against them, he informed Con- 
gress there was reason to expect they would be soon re- 
duced to subjection. This hope was not fulfilled. The 
Indians in that territory continued their depredations for 
many years, with various success and reverses; and 
though not sufficiently numerous to venture an attack 
upon the main body of the troops, under Jessup, they fell 
on the defenceless families in diflerent places, and some- 
times on small detachments of the troops, and committed 
robberies and murders, almost without number. Some of 
them were also slain, and others driven to their hiding 
places in the distant forests. The extent of sufferings they 
caused among the white population were almost unex- 
ampled, when it is recollected how few they were and how 
formidable the troops sent against them. The war in Flor- 
ida against a few scattering Indians, in five years con- 
sumed many millions of dollars ; and proved fatal to many 
young men of great promise, who would have been useful 
in society : many of them fell victims to the unhealthy 
climate. Judging from the progress and results of this un- 



1836] JACKSON. 429 

happy contest, it appears to have been conducted in an 
unskilful and desultory manner. Or may it be said, that 
the power of retributive justice, has been here remarkably 
displayed? 

In the message of President Jackson to Congress, De- 
cember, 1836, which was his last annual address to that 
body, he referred to various subjects of a public and na- 
tional character, on which the attention of the administra- 
tion had been bestowed subsequent to the previous session. 
And he said he had reason to congratulate the Represent- 
atives of the people, and through them the people them- 
selves, on the prosperous state of the Union, and the con- 
tinued friendly relations with other governments. But the 
question of the northeastern boundary, remaiued unad- 
justed ; and there had also been an unexpected delay, on 
the part of Mexico, in running the line betAveen that country 
and the United States. Some misunderstanding occurred, 
in consequence of a hasty view taken by the Mexican 
minister, of the advance of General Gaines, with some 
United States troops into the territory of Texas, and then 
claimed by the Mexican government to be within its juris- 
diction. But it soon appeared he only advanced a small dis- 
tance beyond the acknowledged bounds of the United 
States ; and that merely for the purpose of preserving the 
frontiers from the inroads of Indian tribes; which was ac- 
cording to a provision included m the treaty then existing 
between the two republics. 

He spoke again of the dangerous influence of the bank 
of the United States ; and so strong was his opposition to 
the institntion, either from prejudice or exaggerated repre- 
sentations of its administration, that he advised to the im- 
mediate disconnection with it of the department of the 
national treasury, in all respects. The revenue for 1836, 
was productive beyond all former years. At the close of 
the year there were forty-seven millions and seven hundred, 
thousand dollars in the treasury : twenty-two millions and 
a half of which accrued from the customs ; and twenty- 
four millions from other sources, chiefly from the sale of 
public lands. There would be, according to the estimation 
of the Secretary of the treasury department, forty-one mil- 
lions for distribution among the States : a plan for which 
was then matured. But the President did not recommend 
this measure, and it was not without great reluctance that 
he approved the bill for the purpose. He differed from the 
majority of Congress on this subject ; but had the prudence 
to give the plan his sanction, in accordance with the pre- 



340 FEDERAL GOVERNMENT. [1836 

vailing opinion. He even doubted the constitutionality of 
the measure ; and was opposed to the policy of allowing to 
the several States any surpkisage in the public treasury. 
As a general and permanent proceeding, it would seem to 
be unwise and inexpedient ; and a proper regulation would 
be to lessen the rate of duties, so as to avoid a very great 
superfluous sum remaining. But the rate of duties could 
not then be justly reduced, as there was a law in operation, 
of the character of a compromise, which the government 
was bound not to violate. In a few years, the law would 
cease to be in force, and the duties might be brought down 
to the wants of the government. When there was a very 
large amount in the treasury, the public debt paid, and no 
extraordinary expenses anticipated, it was alike wise and 
equitable to cause a distribution among the several States, 
to which it justly belonged, for their appropriation. A 
large sum in the treasury would have been a strong temp- 
tation to Congress, or the executive, to expend it in a vis- 
ionary, partial or unnecessary manner. 

Akhough the compromise act regulating the rate of du- 
ties on imported goods and articles, passed two years before, 
was an impUed engagement in the government not to make 
any change till 1842, except the gradual decrease, as ex- 
pressly provided by it, the President suggested the propriety 
of other reductions ; but with apparent hesitation, and 
without an express recommendation. Being opposed to the 
plan of a distribution of the national funds among the 
States, however superabundant, he was in favor of keeping 
down the revenue to the necessary expenses attending the 
support of the government, by a diminution of imposts ac- 
cruing from the existing laws. But the majority of Con- 
gress were not willing to disturb the compromise law ; and 
many of the members from the middle States, who were 
supporters of the general measures of the administration, 
were decidedly in favor of the system of protecting domes- 
tic manufactures. 

General Jackson retired from the presidency in March, 
1837 ; his second term of service, in that high office, having 
then expired. During his administration, the public debt 
of the United States was wholly paid ; but the policy and 
system for extinguishing it, by annual payments, had been 
adopted by President Monroe, twenty years before. And 
the credit of this provident plan was principally due to 
Hon. Mr. Lowndes, a distinguished member of Congress 
from South Carolina. And President Adams had faithfully 
pursued this wise and prudent course, having reduced the 



1836] JACKSON. 431 

debt of the nation, by the appropriation of about ten mil- 
lions annually". 

When General Jackson came into office, in 1829, it was 
said the expenses of the federal government were far greater 
than necessary; and that there was much extravagance in 
the public appropriations and expenditures. Large sums 
had been voted for surveys of public roads, canals, &c., and 
these were considered uimecessary by some members, and 
unconstitutional by others of the national legislature. But 
the public expenses were much increased during the admin- 
istration of President Jackson. The population of the coun- 
try had indeed increased, and this could not but be attended 
with some additional expenses to the government ; as the 
conveyance of the mail in many places where the proceeds 
were very small ; additional land agents and land registers 
in the western parts of the Union ; and an increase of 
officers in the departments at Washington, and in some dis- 
tricts for the collection of the revenue. But the additional 
expenses were much greater than could be justly required 
for these purposes. Offices were unnecessarily multiplied, 
in some cases ; especially in the post office department ; 
which was managed in 1830 and 1831, with as little wis- 
dom as economy. And large sums were lost to the national 
treasury, through the delinquencies of the collectors and 
receivers of the public monies ; and by the unjustifiable 
lenity and forbearance shown by the higher officers of gov- 
ernment to such delinquents, even after their defalcations 
were known and of long standing. 

The promises of President Jackson's friends and sup- 
porters were not realized. They, indeed, were rewarded ; 
but not without a gross disregard to economy ; and who- 
ever would not flatter the President, nor applaud his meas- 
ures, however honest, were removed from office ; and his 
professed friends exclusively entrusted with commissions 
which should be given only to the upright and patriotic. 

But his arbitrary conduct in the management of the pub- 
lic monies was most highly objectionable and most alarm- 
ing to the friends of constitutional law, who considered the 
funds of the government entirely under the control of the 
representatives of the people ; except that the executive 
should be allowed discretion as to the time and manner of 
expending the money appropriated by law. His conduct, 
therefore, in seizing on the public funds, and withdrawing 
them from the bank of the United States, where Congress 
had ordered them to be deposited and kept, was very gener- 
ally condemned, as an act of a most arbitrary nature, and 



432 FEDERAL GOVERNRIENT. [1836 

of very dangerous precedent. And it was not so much this 
single act, arbitrary and unauthorized as it was, as the 
principle assumed by the President, in this measure, of a 
right in the executive to go beyond law and contrary to 
law even ; and to make his own opinion, rather than the 
laws of Congress, the rule of his conduct. 

The principles of General Jackson, as chief magistrate, 
have been sometimes deemed to be similar to those of Presi- 
dent Jefferson. Not that the latter had the boldness, or dis- 
regard of public opinion, as the former sometimes manifested; 
but they both were disposed to assume authority, not 
clearly given to the executive officer of the republic. In- 
stead of making the Constitution and the laws the only 
rule of action, they claimed a right to exercise their discre- 
tion, in many cases; and,, under the pretence of promoting 
the public welfare and prosperity, which was indicated, as 
they professed to believe, by popular opinions expressed in 
a moment of great excitement, they acted without lawful 
authority, and without the previous sanction of the legisla- 
ture. Because the executive had some powers given it 
independent of the legislative or judicial departments, 
they contended for a right to act according to their own 
individual judgment ; professing, indeed, at the same time, 
a sole regard to the rights and welfare of the people. But 
this is a dangerous principle, however pure may be the 
motives by which the measures have been adopted. No 
people are secure in their rights, without rule and law. — 
And in this chiefly, consists the difterence between a repub- 
lic, resting on a Constitution approved by the people, and a 
government administered according to the discretion and 
will of a chief; between a well regulated community, and 
a discretionary or arbitrary dynasty. 

General Jackson was more independent and more daring 
in his character, than Mr. Jefferson ; and therefore, at times, 
the more arbitrary, and the more dangerous as the chief 
magistrate of a republic. Julius Cajsar professed to seek 
the welfare and glory of the Roman republic ; and Napoleon 
Buonaparte, the liberty and prosperity of France : but both 
were arbitrary, and their conduct tyrannical ; and therefore 
injurious to the liberties and happiness of the people of their 
respective countries. 

It is not necessary to suppose that either of these eminent 
men were uncommonly selfish and ambitious, nor to assert 
that they were destitute of patriotic sentiments. But such 
was their pride of opinion, or their self-estimation, or their er- 
roneous theory of a republican government, that they some- 



1836] JACKSON. 4^ 

times assumed power exceeding constitutional grants, which 
is never to be justified, and always leads to despotism, in 
some form. The greatest men are subject to prejudice, and 
liable to be betrayed by personal feelings; and it is always 
just cause of alarm to the friends of a stable government, 
when the rulers disregard the constitutional provisions made 
for the preservation of the rights and welfare of the people, 
and substitute their own will as a guide for their public 
conduct. 

The conduct of President Jackson was not, in all respects, 
so favorable to the hopes of those who had been sanguine in 
their belief of the perpetuity of the republic, as that of his 
two immediate predecessors. Of the others, it is not neces- 
sary here to speak. They made the Constitution a guide 
in their practice as well as in their professions ; and assumed 
little or no powers, not clearly vested in the chief magistrate 
of the Union. In monarchies, the reigning prince has high 
discretionary powers. The exercise of the royal prerogative 
is often carried to a great extent ; and thus the rights of the 
subjects are liable to be violated by the mere will of the 
king. In a republic, it is at least theoretically otherwise. 
Where the discretion of the magistrate is the rule and meas- 
ure of his official acts, however patriotic are his purposes, 
equal and impartial justice cannot be expected. He is not 
infallible, and may err in his judgment. He is subject to 
like passions and prejudices, as other men, and will prob- 
ably act from partial and improper feelings. From this 
source, there is always great danger to a republican gov- 
ernment. The people must check all usurpation, and all 
arbitrary assumption of power in their rulers, or their liber- 
ties will be temporary and evanescent. If several successive 
chief magistrates of the Union are arbitrary in administering 
the government, and repeatedly transcend or disregard the 
provisions of the Constitution, many generations will not 
have passed, before their civil freedom will be lost beyond 
recovery, and the people subject to as despotic rule as that of 
Caesar, or Napoleon, or the Autocrat of Russia. Unless the 
Constitution be the guide, the government of the United 
States, once highly blest, will be that of misrule and des- 
potism. 

55 / 



434 FEDERAL GOVERNMENT. [1837 



CHAPTER XV. 

Martin Van Buren chosen President. His public Character — His Political 
Views similar to those of his Predecessors : Pursues similar Measures re- 
specting Banks and the Currency. An extra Sesi^ion of Congress. His opin- 
ion that the Government is not bound to interfere for the Relief of the People 
on account of the Distresses in Trade. Treasury Notes issued. Part of the 
Sum previously ordered to be distributed among the States, vvfithheld- 
Florida War very expensive, and long protracted. Closing Remarks. 

Martin Van Buren, of the State of New York, who had 
been four years Vice President, was elected the chief mag- 
istrate of the United States in 1837. He had then been many 
years in pnbHc Hfe, and held several high offices, in his native 
State, and in the federal government. His talents, as a 
statesman, were acknowledged by all; and experience had 
made him familiar with political subjects, and the public 
affairs of the nation. As a literary man, and as a civil 
magistrate, he is believed to be superior to his immediate pre- 
decessor. But in the opinion of those long associated with 
him in public life, or who had observed his political course, 
he was supposed to possess a spirit of unbounded ambition ; 
and uncommon talents for intrigue to minister to his ruling 
passion. A political character should not, indeed, be too 
severely censured for being ambitious; and there are few 
politicians who would not be liable to the charge. It is 
difficult also, in all cases, to decide what individual resorts 
most to intrigue, that he may rise; or whose intrigues are 
the most dishonorable and reprehensible. It is only the acts 
and measures of politicians or rulers, that require the cog- 
nizance, and warrant the judgment of their fellow men. It 
may be safely said of Mr. Van Buren, that he did not excel 
some other citizens of the republic, in talents, services, or 
experience, when he was elected President of the United 
States. What chiefly procured the voice of the people in 
his favor, was the station he had held as Vice President, 
and his publicly avowed resolution to pursue the policy of 
General Jackson, with whom he had been long associated 
in administering the government ; and most of whose 
measures he probably had proposed. General Jackson had 
a strong hold on the confidence of the people, during the 



1837] VAN BUREN. 435 

greater part of his presidency ; for it was believed he was 
sincere and patriotic, though he failed to introduce any re- 
form, as to the expenses of tlie government, as he and his 
friends had promised ; and his policy, so far as it was new, 
had produced, or not prevented, great public embarrassment 
and distress. 

While a candidate for the office of chief magistrate, and 
after he ascended the chair of State, Mr. Van Buren de- 
clared that his policy and measures would be identical with 
those of his predecessor, and that his purpose was " to fol- 
low in the footsteps" of the man whom he professed so 
highly to venerate and admire. It had been hoped, that 
such professions were early made, in part, for the sake of 
reaching the high goal before him; but, being in some 
degree a practical man, sensible of the advantages of com- 
merce, and therefore in favor of the credit system, and of 
banks, which he had not formerly opposed, that he would 
gradually return to the policy of Mr. Adams, and Mr. Mon- 
roe. President Van Buren, however, denounced the banks, 
and represented them as the cause of all the evils and dis- 
tress in the country. So far as the general government had 
the power, he endeavored to depreciate these institutions. 
A specie currency, it was also his avowed object to intro- 
duce ; especially, in all concerns relating to the government. 
And he repeatedly declared it to be his purpose to separate 
the government from the people, and to provide exclusively 
for the financial prosperity of the former ; implying, that 
in his opinion, the welfare and protection of the latter, as to 
their trade and monetary affairs, were not objects of the 
attention and concern of the national rulers. 

This doctrine does not appear very consistent with the 
spirit and letter of the Constitution, by which the general 
government was instituted ; being to preserve the welfare 
and to promote the prosperity of the people ; and giving 
power to it to regulate the currency of the country. There 
is evidently, then, a power for regulating banking com- 
panies, and by evident implication for incorporating them; 
and if they have been found for the public benefit, when 
wisely managed, a duty devolves on the government of the 
Union to give them support, while care is taken to provide 
for their due regulation. Mr. Madison and Mr. Monroe 
believed a national bank would be of extensive benefit, 
both to the people and the government. General Jackson 
supposed such a bank to be injurious to the country, rather 
than promotive of its prosperity : and, entertaining this opin- 
ion, he was consistent in his opposition to it. But it is dif- 



436 FEDERAL GOVERNMENT. [1837 

ficiilt to perceive either consistency or patriotism in those 
who refuse to provide relief for the people, or deny the duty 
of the government to find a substitute for an institution, 
which had proved instrumental in promoting the prosperity 
of the nation. 

Within two years from the discontinuance of the bank of 
the United States, although the public debt had been paid, 
the administration found it necessary to resort to large loans, 
to meet the ordinary expenses of the government, owing to 
the embarrassments in trade, and the consequent diminution 
of the revenue. The suspension of the charter of the 
United States Bank was, in a great degree, the cause of this 
depression of the spirit of enterprise, and of extensive suf- 
fering among the trading classes. There had, indeed, been 
great importations of foreign goods in 1836, beyond prudent 
and reasonable calculations ; but the evils resulting from 
overtrading could not have at once produced such deep and 
extensive suffering. There would not have been a shock 
so sudden and overwhelming, had the bank of the United 
States been then in operation. It would have afforded fa- 
cilities to the merchants and others, preserved confidence 
among the citizens, and kept up a course of exchange be- 
tween different sections of the country. One great ostensi- 
ble object for discontinuing the national bank was, to put 
an end to the circulation of paper bills, and to prepare for 
currency in gold and silver. But this was not the effect, 
ta any perceptible extent, of closing that institution. State 
banks were immediately increased, with the view of making 
them a remedy, or substitute for the bank of the United 
States. But it was found impossible to obtain circulation 
for them in places or States distant from their location ; and 
many of them had not sufficient capital to support their 
credit in a season of pressure among the merchants. 

As a large portion of the citizens of the Ihrited States are 
merchants or traders, banks have justly been considered, in 
some measure, necessary ; they have certainly proved 
highly auspicious to the prosperity and advancement of the 
country. Every State in the Union has had incorporated 
banking companies, with a view to general benefit : and 
no practical men denied their utility, when duly organized 
and conducted. And some few cases of error or abuse is 
far from justifying a general condemnation of them. But 
State banks are designed chiefly for the benefit and con- 
venience of the citizens of such State. They are a part of 
its internal police, and are enacted for a limited circulation, 
rather than for a currency in all the other States of the 



1837] VAN BUREN. 437 

Union. And therefore a national bank is demanded, for 
more extensive utility and accommodation. This is also 
in strict analogy with the nature of the government of the 
separate States, and of the United States. Before the 
Union was formed and established, by the organization of 
the federal government, under the present Coi;istitution, 
the individual States were strictly independent and sove- 
reign. They had acted in concert; but the Continental 
Congress had no power to enforce their requisitions. And 
after the federal government was established, the several 
States had all their former power, except what they vested 
in the new Congress for national or general purposes. 
They had issued paper money and established banks ; and 
they continued to incorporate them afterwards, though they 
were prohibited issuing bills in the name of the State. The 
federal government did not attempt to prevent these meas- 
ures. And yet it has been sometimes asserted they had 
constitutional power to do it; and that it would have been 
more for the stabihty of the currency of the country, if 
they had exerted such authority. But precedent has sanc- 
tioned the State banks. And yet, for the purposes of a 
general and stable currency, throughout the Union, as free 
as such institutions can be, from fluctuations in financial 
concerns and proceedings, a national bank Avas demanded 
both by the wise statesmen, and the traders and merchants 
in 1791. Its operations were found useful, and tended di- 
rectly to a great degree of prosperity, in various respects. 
Mr. Madison was so fully persuaded of its utility, that, 
while he had some constitutional objections to instituting 
a bank by the federal government, he was induced to ap- 
prove of it. 

But President Jackson, considered it proper to suppress 
it; and his successor, either believing him infallible, or his 
popularity sufficiently strong to maintain all his measures, 
and even to give great influence to any one who should 
follow them, pursued a hostile course against banks, both 
national and State ; and directed all his official efljorts to 
introduce a metallic currency. 

Early in the year 1837, an uncommon measure of em- 
barrassment and suflering was experienced in all parts of 
the Union ; and continued through the year. Overtrading, 
or the unusual amount of importations, was one cause, to 
which this unprosperous state of the country was imputed. 
But it was also attributed to the discontinuance of the na- 
tional bank, and to the repeated attempts of the adminis- 
tration to destroy its influence. As the bank had, accord- 



438 FEDERAL GOVERNMENT. [1837 

ing to the opinion of all practical men, and of all engaged in 
mercantile pursnits, been highly favorable to the credit 
system, and to honorable enterprise tending to the general 
prosperity, and not of any injury to the government which 
conld be shown ; so its termination, by act of Congress, 
was justly considered of the greatest and most extensive 
influence in causing the evils witnessed at this period. And 
as the policy and measures of the federal government were 
believed to have produced or augmented the public distress, 
it was a rational conclusion, that it might afford some re- 
lief. Several petitions from different commercial towns and 
cities, with very numerous subscribers, were presented to 
the President, requesting thai he would summons a meeting 
of Congress at a more early day than that on which it had 
been usual to assemble. The President delayed sometime 
to act on the petitions ; but the distress increasing, and 
other petitions loeing addressed to him, he issued a procla- 
mation for convening the national legislature in the month 
of September. 

In his message to Congress, however, at this time, he 
gave no hope to the people of receiving any relief from the 
government. He distinctly expressed the opinion, that the 
national legislature could do nothing to mitigate the evils 
which existed ; that it was not the duty or design of the 
federal government to interfere in such cases ; that the 
embarrassments complained of arose from the unwise con- 
duct of the trading part of the community; and that they 
only could supply a remedy, by a more prudent and limited 
course of enterprise and trade. And he distinctly advanced 
the strange doctrine, that all the government could do, or 
was designed to do, was to take care of itself; to pay in- 
deed the public debts, and discharge the usual expenses 
which occurred ; but that it might not justly be expected to 
legislate with reference to the monetary concerns of the 
country, for the benefit of any class or classes of the people. 
This was correct only in part; as it could not be demanded 
of the government in all cases, to prevent reverses in 
business, always owing in some measure to the mistakes or 
imprudence of individuals ; but as it had destroyed one im- 
portant means of benefit and facility to the merchants, and 
through them to all other classes of citizens ; and t!ie exist- 
ing evils might be referred in part to that measure, there 
was a propriety in applying to the federal government for 
relief under their sufferings. Congress, it was admitted, 
had the power to regulate the currency, and the federal 
government was designed to protect the commerce of the 



1837] VAN BUREN. 439 

country ; it was therefore believed it had sufficient author- 
ity to legislate, by uniform acts, with a view to support the 
credit system, and to establish means, by a national bank, 
for general relief But the principal act of this extra ses- 
sion was that for authorizing the issue of treasury notes, to 
the amount of ten millions of dollars, for the immediate 
wants of the government. This was no other than a loan, 
except in name ; which it was probably a wish to avoid ; 
and yet power was given to the Secretary of the Treasury 
to borrow, if he should find it necessary. The notes were 
made negotiable ; and thus became in fact merely paper 
money ; with no better credit, for there was no greater cap- 
ital or certainty of payment, than there had been in the 
national bank. The like amount of treasury notes was au- 
thorized in 1S38, and again in 1839 : but a part of former 
issues had then been redeemed.* 

The law of June, 1836, providing for the distribution of 
the surplus funds of the government, to and among the 
several States, was suspended in October, 1837 ; after three- 
fourths of the same had been transferred to the States, in 
pursuance of the former act. 

When the national funds were withdrawn from the bank 
of the United States, they were deposited in various State 
banks in most of the large and populous cities of the Union. 
But this proved unfortunate to the fiscal concerns of the 
government. Some of these deposite banks were impru- 
dently managed, though under the sole direction of political 
friends of the administration ; and large sums were thus 
entirely lost to the treasury. Had all the State banks been 
selected by the treasury department for their ability and 
faithful and prudent direction, and not for party purposes, 
to oblige its supporters, there would have been no reason to 
regret such deposites of the public fiuids. In the absence 
of a national bank, State banks, properly located and 
chosen with proper discrimination, have proved of great 
facility and advantage, both to the government and the 
people. 

The administration of President Van Buren has been 
chiefly distinguished for proposing and urging the sub- 
treasury system. The plan was suggested by his prede- 
cessor, when meditating the discontinuance of the national 
bank ; and the course he pursued, in directing the Secretary 
of the Treasury to withdraw the public funds from that in- 

* Twenty thousand dollars were allowed to meet the expenses of issuing 
these notes from the treasury. 



440 FEDERAL GOVERNMENT. [1837 

stitution, to take them into his own possession, and place 
them for safe keeping, in such other banks as he might se- 
lect ; thus assuming, as the executive officer of the govern- 
ment, the control and disposition of them; was the origin, 
and the first practical operation of the system of a sub- 
treasury. Congress have as yet, indeed, the sole right to 
vote money, and to direct as to the objects for which it is 
appropriated : but as to its keeping, whether in banks 
known to be safe, or in any other specific manner or way, it is 
entirely under the control of the Secretary of the l^reasury ; 
and he again is the servant of the President ; and not of Con- 
gress nor of the people. A door is thus opened for favor- 
itism, for partiality to political friends, in the appointment 
of receivers and keepers of the national funds. And when 
the prejudices and passions of men are remembered, such a 
system will be, as in many cases it has already been, at- 
tended with great misapplication, detention, and loss of the 
people's money. A Secretary of the Treasury may be per- 
fectly honest, and yet from mistaken lenity or political 
friendship, may permit delays and delinquencies highly im- 
proper in a public officer, and injurious to the interests of 
the government. 

Political partiality in appointments to office, was mani- 
fested under President Van Btu'en to as great an extent as 
during the administration of General Jackson. Not a very 
large number were removed ; for the offices of government 
were generally held by the friends of his predecessor. But 
when the term fixed by law for a commission to run, if the 
incumbent was discovered to be in any way opposed to the 
policy of the administration, or to relax at all in his zeal or 
his efforts to support the candidates of the party, he was 
dismissed at the expiration of his first commission. 

This partial and exclusive policy was indeed adopted 
by one of his predecessors, in an early period of the federal 
government ; but it was very generally condemned as im- 
proper ; the hope of office being thus held out to unprinci- 
pled men to attach themselves to the reigning administra- 
tion. It was now more alarming and more reprehensible, 
as it was expressly declared by a prominent friend of Pres- 
ident Jackson and President Van Buren, '■'•that the spoils of 
office belonged to the victor s.^^ 

The war in Florida was continued during the adminis- 
tration of President Van Buren ; and very large sums, ex- 
pended in maintaining it : During the year 1836, one mil- 
lion and a half of dollars were appropriated to prosecute 
that unfortunate contest. In January, 1837, two millions 



1837] VAN BUREN. ^ 441 

more were voted for the purpose : Both of which were 
before the retirement of General Jackson. At the extra 
session in October, 1837, a large amount was again appro- 
priated ; and in 1838, the expenses for supporting an army 
in that quarter, against the Indians, were to as great an 
amount as in either of the two preceding years. When 
the difficulty arose with these Indians, President Jackson 
supposed that it would soon be terminated. And no one, 
at that time, had any reason to suppose it would con- 
tinue for years, and have cost the government eight or 
ten millions. Other measures than those of force, would 
probably have terminated the difficulty at an early period. 
It would certainly have saved many valuable lives, now 
lost to the country ; and been far more satisfactory to the 
friends of humanity throughout the Union. 

Although generally opposed to the policy of internal im- 
provements, at the expense of the federal government, large 
sums were expended for repairs on the Cumberland road, 
and for its continuance through the States of Indiana and 
IlUnois. But this was an object of great national benefit, 
by opening a way from the Atlantic to the interior of the 
Union ; and the work had originated with Congress several 
years before. The friends of the administration, wlio were 
also advocate of State rights, believed there was no incon- 
sistency in this conduct. Large appropriations were also 
made in 1836, and in 1837, for lightliouses, lifeboats, 
buoys, and monuments, for the benefit of navigation; but 
for these purposes there was always far more agreement 
among the diflerent parties in Congress. 

The public expenses continued, almost invariably, to in- 
crease, from the year 1829 to 1838. Public agents were 
multiplied, and an increased compensation, in many cases, 
were allowed them for their services. And large sums 
were lost by the improper appropriation of monies put into 
the hands of the federal oflicers. There was often a pre- 
tence for charging for extra service, and thus obtaining 
more than was clearly allowed by law. The expenses of 
the public printing for Congress, and for the departments 
under the executive, Avere among those in which great 
sums were expended: and it was found that frequently the 
business could have been performed at ten or twenty 
per cent, less than was given. And this conduct could 
justly deserve no other name than corruption, or a gross 
abuse of the patronage of the government, for party pur- 
poses. 

The full results of the peculiar and experimental policy 
56 



442 FEDERAL GOVERNMENT. [1838 

of President Jackson and President Van Buren, respecting 
banks and the currency, in their inflnence on the condition 
of the country, for good or for evil, for succeeding years, 
cannot be correctly estimated. The immediate conse- 
quences were a general disturbance of the trade and mon- 
etary affairs of the nation, and an unprecedented check to 
the accustomed pursuits of a people, so enterprizing in their 
spirit and so desirous of improving their condition, as are 
the citizens of the United States. The Sub-treasury 
scheme also gave alarm to the friends of the Constitution, 
generally, and to men of settled republican sentiments, 
who perceived in it a deviation from the essential elements 
of liberty recognized in the Constitution, and a weakening 
of the responsibility of public agents, who should always 
be controlled by the authority of law. They knew that 
power was corrupting ; that it was necessary to impose 
checks on those who were clothed with political authority, 
and to make them constantly amenable to their constitu- 
ents. The developments and effects of this fearful experi- 
ment must be left for narration to a distant day. The only 
just hope of the perpetuity and future purity of the republic, 
rests on the intelligence and virtue of the people ; and on 
their wisdom in the choice of men for places of public 
trust; who, like Washington, shall make tlie Constitution 
their guide ; and, under the controlling influence of its doc- 
trines and requisitions, shall seek to preserve the integrity 
of the Union, and the rights and welfare of individuals. 



APPENDIX. 



Extracts from the Speeches of Mr. Webster, a Senator 
from Massachusetts, and of Mr. Hayne, of South Carohna, 
January, 1830, on the subject of State Rights, and of the 
powers of the Federal Government, are deemed of such 
superior importance, and of such general interest, that they 
are here given. 

Mr. Webster. There remains to be performed, by far the 
most grave and important duty, which I feel to be devolved 
on me, by this occasion. It is to state, and to defend, what I 
conceive to be the true principles of the Constitution under 
which we are here assembled. * * * 

I undestand the honorable gentleman from South Carolina, 
[Mr. Hayne,] to maintain that it is a right of the State legisla- 
tures to interfere, whenever, in their judgment, this government 
transcends its constitutional limits, and to arrest the operation of 
its laws. 

I understand him to maintain this right, as a right existing 
undur the Constitution; not as a right to overthrow it, on the 
ground of extreme necessity, such as would justify violent revo- 
lution. 

I understand him to maintain an authority, on the part of the 
States, thus to interfere, for the purpose of correcting the exer- 
cise of power by the general government, of checking it, and 
of compelling it to conform to their opinion of the extent of its 
powers. 

I understand him to maintain that the ultimate power of judg- 
ing of the constitutional extent of its own authority, is not lodged 
exclusively in the general government, or any branch of it; but, 
that, on the contrary, the States may lawfully decide for them- 
selves, and each State for itself, whether, in a given case, the act 
of the general government transcends its power. 

I understand him to insist, that if the exigency of the case, in 
the opinion of any State government, require it, such State gov- 
ernment may, by its own sovereign authority, annul an act of 
the general government, which it deems plainly and palpably 
unconstitutional. 



444 APPENDIX. 

This is the sum of what 1 understand from him to be the South 
CaroUna doctrine; and the doctrine which he maintains. I pro- 
pose to consider it, and to compare it with the Con.^titution, 
AHow me to say, as a preliminary remark, that I call this the 
South Carolina doctrine, only because the gentleman himself has 
so denominated it. I do not leel at liberty to say that South 
Carolina, as a State, has ever advanced these sentiments. I 
hope she has not, and never may. That a great majority of her 
people are opposed to the Tarifl' laws, is doubtless true. That 
a majority, somewhat less than that just mentioned, conscien- 
tiously believe those laws unconstitutional, may probably also 
be true. But that any majority holds to the right of direct State 
interference, at State discretion, the right of nullifying acts of 
Congress, by acts of State legislation, is more than 1 know, and 
what 1 shall be slow to believe. 

That there are individuals, besides the honorable gentleman, 
who do maintain these opinions, is quite certain. I recollect the 
recent expression of a sentiment, which circumstances attending 
its utterance and publication, justify us in supposing was not 
unpremeditated. " The sovereignty of the State — never to be 
controlled, construed, or decided on, but by her own feelings of 
honorable justice." 

[Mr. Hayne here rose, and said, that for the purpose of being 
clearly understood, he would state, that his proposition was in 
the words of the Virginia resolution, as follows: — 

"That this assembly doth explicitly and peremptorily declare, 
that it views the powers of the federal government, as resultmg 
from the compact, to which the States are parties, as limited by 
the plain sense and intention of the instrument constituting that 
compact, as no farther valid than they are authorized by the 
grants enumerated in that compact: and that in case of a delib- 
erate, palpable, and dangerous exercise of other powers, not 
granted by the said compact, the States who are parties thereto 
have the right, and are in duty bound to interpose, for arresting 
the progress of the evil, and for maintaining, within their respec- 
tive limits, the authorities, rights, and liberties appertaining to 
them."] 

Mr, Webster resumed — I am quite aware of the existence of 
the resolution which the gentleman read, and has now repeated, 
and that he relies on it as his authority. I know the source, 
too, from which it is understood to have proceeded. I need not 
say that I have much respect for the constitutional opinions of 
Mr. Madison; they would weigh greatly with me, always. But, 
before the authority of his opinion be vouched for the gentle- 
man's proposition, it will be proper to consider what is the fair 
interpretation of that resolution, to which Mr. Madison is under- 
stood to have given his sanction. As the gentleman construes 
it, it is an authority for him. Possibly, he may not have adopted 
the right construction. That resolution declares, that, in the 



APPENDIX. 445 

case of the dangerous exercise of poivers not granted, hy the gen- 
eral government, the States viaij interpose to arrest the progress of 
the evil But how interpose, and what does this declaration pur- 
port ? — Does it mean no more, than that there may be extreme 
cases, in which the People, in any mode of assembling, may 
resist usurpation, and relieve themselves from a tyrannical gov- 
ernment? No one will deny this. Such resistance is not only 
acknowledged to be just in America, but in England, also : Black- 
stone admits as much, in the theory, and practice, too, of the 
English Constitution. We, sir, who oppose the Carolina doc- 
trine, do not deny that the people may, if they choose, throw ofT 
any government, when it becomes oppressive and intolerable, 
and erect a better in its stead. We all know that civil institu- 
tions are established for the public benefit, and that when they 
cease to answer the ends of their existence, they may be changed. 
But I do not understand the doctrine now contended for to be 
that which, for the sake of distinctness, we may call the right of 
revolution. 1 understand the gentleman to maintain, that, with- 
out revolution, without civil commotion, without rebellion, a 
remedy for supposed abuse and transgression of the powers of 
the general government lies in a direct appeal to the interference 
of the State governnents, [Mr. Hayne here rose: He did not 
contend, he said, for the mere right of revolution, but for the 
right of constitutional resistance. What he maintained, was, 
that, in case of plain, palpable violation of the Constitution, by 
the general government, a State may interpose; and that this 
interposition is constitutional.] Mr. Webster resumed: So,, 
sir, I understood the gentleman, and am happy to find that I did 
not misunderstand him. What he contends for, is, that it is 
constitutional to interrupt the administration of the Constitution 
itself, in the hands of those who are chosen and sworn to ad- 
minister it, by the direct interference, in form of law, of the 
States, in virtue of their sovereign capacity. The inherent 
right in the people to reform their government, I do not deny;, 
and they have another right, and that is, to resist unconstitu- 
tional laws, without overturning the government. It is no doc- 
trine of mine, that unconstitutional laws bind the people. The 
great question is, whose prerogative is it to decide on the consti- 
tutionality or un constitutionality of the laios 7 On that, the 
main debate hinges. The proposition, that, in case of a sup- 
posed violation of the Constitution by Congress, the States have 
a constitutional right to interfere, and annul the law of Congress, 
is the proposition of the gentleman; I do not admit it. If the 
gentleman had intended no more than to assert the right of rev- 
olution, for justifiable cause, he would have said only what all 
agree to. But I cannot conceive that there can be a middle 
course between submission to the laws, when regularly pro- 
nounced constitutional, on the one hand, and open resistance, 
which is revolution, or rebellion, on the other. I say, the right 



446 APPENDIX. 

of a State to annul a law of Congress, cannot be maintained, but 
on the ground of the unalienable right of man to resist oppres- 
sion; that is to say, upon the ground of revolution. I admit 
that there is an ultimate violent remedy, above the Constitution, 
and in detiance of the Constitution, which may be resorted to, 
when a revolution is to be justified. But I do not admit that, 
under the Constitution, and in conformity with it, there is any 
mode, in which a State government, as a member of the Union, 
can interfere, and stop the progress of the general government, 
by force of her own laws, under any circumstances what- 
ever. 

This leads us to inquire into the origin of this government, and 
the source of its power. Whose agent is it? Is it the creature 
ol the vState legislatures, or the creature fif the people? It the 
government ol the United States be the ogeiit ot the State gov- 
ernments, then they may control it, piovidrd they can agree in 
the manner of controlling it; if it be the agent of the people, then 
the people alone can control it, restrain it, modify, or relbrm it. 
It is observable enough, that the doctrine for which the honora- 
ble gentleman contends, leads him to the necessity of maintain- 
ing, not only that this general government is the creature of the 
States, but that it is the creater of each of the States severally; 
so that each may assert the power, for itself, of determining 
whether it acts within the limits of its authority. It is the ser- 
vant of four and twenty masters, of diffeient wills and different 
purposes, and yet bound to obey all. This absurdity (for it 
seems no less) arises from a misconception as to the origin of 
this government and its true character. It is, sir, the people's 
Constitution, the people's government; made for the people; 
made by the people: and answerable to the people. The pcjjde 
of the United States have declared that this Constitution shall 
be the supreme law. We must either admit the proposition, or 
dispute their authority. The States are, unquestionably, sove- 
reign, so far as their sovereignty is not affected by this supreme 
law. But the State legislatures, as political bodies, however 
sovereign, are yet not sovereign over the people. So far as the 
people have given power to the general government, so far the 
grant is unquestionably good, and the government holds of the 
people, and not of the State governments. W^e are all agents 
of the same supreme power, the people. The general govern- 
ment and the State governments derive their authority from the 
same source. Neither can, in relation to the other, be called 
primary, though one is definite and restricted, and the other gen- 
eral and residuary. The national government possesses those 
powers which it can be shown the people have conferred on it, 
and no more. All the rest belongs to the State governments or 
to the people themselves. So far as the people have restrained 
State sovereignty, by the expression of their will, in the Consti- 
tution of the United States, so far, it must be admitted, State 



APPENDIX. 447 

sovereignty is effectually controlled. I do not contend that it is, 
or ouglit to be, controlled further. The sentiments to which I 
have referred, propounds that State sovereignty is only to be 
controlled by its own " feeling of justice;" that is to say, it is 
not to be controlled at all: for one who is to follow his own feel- 
ings is under no legal control. Now, however men may think 
this ought to be, the fact is, that the people of the United States 
have chosen to impose control on State sovereignties. There are 
those, doubtless, who wish they had been left without restraint; 
but the Constitution has ordered the matter differently. To 
make war, for instance, is an exercise of sovereignty; but the 
Constitution declares that no State shall make war. To coin 
money, is another exercise of sovereign power; but no State is 
at liberty to coin money. Again, the Constitution says that no 
sovereign State shall be so sovereign as to make a treaty. 
These prohibitions, it must be confessed, are a control on the 
State sovereignty of South Carolina, as well as of the other 
States, which does not arise " from her own feelings of honorable 
justice." Such an opinion, therefore, is in defiance of the 
plainest provisions of the Constitution. 

There are other proceedings of public bodies, which have al- 
ready been alluded to, and to which I refer again, for the pur- 
pose of ascertaining more fully, what is the length and breadth 
of that doctrine, denominated the Carolina doctrine, which the 
honorable member has now stood up on this floor to maintain. 
In one of them, I find it resolved, that " the tariff of 1828, and 
every other tariff' designed to promote one branch of industry at 
the expense of others, is contrary to the meaning and intention 
of the federal compact ; and, as such, a dangerous, palpable, and 
deliberate usurpation of power, by a determined majority, wield- 
ing the general government beyond the lunits of its delegated 
powers, as calls upon the States which compose the suffering 
minority, in their sovereign capacity, to exercise the powers 
which, as sovereigns, necessarily devolve upon them, when their 
compact is violated." 

Observe, sir, that this resolution holds the tariff of 1828, and 
every other tariff designed to promote one branch of industry at 
the expense of another, to be such a dangerous, palpable, and 
deliberate usurpation of power, as calls upon the States, in their 
sovereign capacity, to interfere by their own authority. This 
denunciation, Mr. President, you will please to observe, includes 
our old tariff of 1816, as well as all others ; because that was 
established to promote the interest of the manufacturers of cotton, 
to the manifest and admitted injury of the Calcutta cotton trade. 
Observe, again, that all the qualifications are here rehearsed and 
charged upon the tariff, which are necessary to bring the case 
within the gentleman's proposition. The tariff is a usurpation ; 
it is a dangerous usurpation ; it is a palpable usurpation ; it is a 
deliberate usurpation. It is such a usurpation, therefore, as calls 



448 APPENDIX. 

upon'the States to exercise their right of interference. Here is 
a case, then, within the gentleman's principles, and all his qual- 
ifications ol'his principles. It is a case for action. The Consti- 
tution is plainly, dangerously, palpably, and deliberately violated; 
and the States must interpose their own authority to arrest the 
law. Let us suppose the State of South Carolina to express this 
same opinion, by the voice of her legislature. That would be 
very imposing ; but what then .'' Is the voice of one State con- 
clusive .'' It so happens that at the very moment when South 
Carolina resolves that the tarifi'laws are unconstitutional, Penn- 
sylvania and Kentucky resolve exactly the reverse. Tluy held 
those laws to be both highly proper and strictly Constitutional. 
And now, sir, how does the honorable member propose to deal 
■with this case ? How does he relieve us from this difficulty, 
upon any principle of his ? His construction gets us into it ; how 
does he propose to get us out .'' 

In Carolina, the tariff is a palpable, deliberate usurpation ; 
Carolina therefore, may iniUify it, and refuse to pay the duties. 
In Pennsylvania, it is both clearly Constitutional, and highly expe- 
dient ; and there the duties are to be paid. And yet, we live under 
a government of uniform laws, and under a Constitution, too, which 
contains an express provision, as it happens, that all duties shall 
be equal in all the States. Does not this approach absurdity .'' 

If there be no power to settle such questions, independent of 
either of the States, is not the whole Union a rope of sand .-* Are 
we not thrown back again, precisely, upon the old confederation .'' 

It is too plain to be argued. Four and twenty interpreters of 
Constitutional law, each with a power to decide for itself, and 
none with authority to bind any body else, and this Constitutional 
law the only bond of their union ! What is such a state of things, 
but a mere connection, during pleasure, or, to use the phraseology 
of the times, during feeling 1 And that feeling, too, not the feel- 
ing of the people, who established the Constitution, but the feel- 
ing of the State governments. 

In another of the South Carolina addresses, having premised 
that the crisis requires " all the concentrated energy of passion," 
an attitude of open resistance to the laws of the Union is advised. 
Open resistance to the laws, then, is the Constitutional remedy, 
the conservative power of the State, which the South Carolina 
doctrines teach for the redress of political evils, real or imagina- 
ry. And its authors further say, that appealing with confidence 
to the Constitution itself, to justify their opinions, they cannot 
consent to try their accuracy by the courts of justice. In one 
sense, indeed, sir, this is assuming an attitude of open resistance 
in favor of liberty. But what sort of liberty ? The liberty of 
establishing their own opinions, in defiance of the opinions of all 
others ; the liberty of judging and of deciding exclusively them- 
selves, in a matter in which others have as much right to judge 
and decide as they ; the liberty of placing their own opinions 



APPENDIX. 449 

above the judgment of all others, above the laws, and above the 
Constitution. This is their liberty, and this is the lair result of 
the pio;,osition contended for by the honorable gentleman. Or 
it may be more properly said, it is identical with it, rather than 
a result from it. 

In the same publication we find the following : " Previously to 
our Revolution, when the arm of oppression was stretched over 
New England, where did our northern brethren meet with a 
braver sympathy than that which sprung from the bosoms of Car- 
olinians? We had no extortion^ no oppression^ no collision with the 
king's tninisters, no navigation interests spriiiging up in envious 
rivalry of England " 

This seems extraordinary language. South Carolina no col- 
lision with the king's ministers, in 1775 ! No extortion ! No 
oppression ! But sir, it is, also, most significant language. 
Does any man doubt the purpose for which it was penned .'' Can 
any one fail to see that it was designed to raise in the reader's 
mind the question, whether at this time, that is to say, in 1828, 
South Carolina has any collision with the king's ministers, any 
oppression, or extortion to fear from England ? Whether, in 
short, England is not as naturally the friend of South Carolina, 
as New England, with her navigation interests springing up in 
envious rivalry of England ? 

Is it not strange, sir, that an intelligent man, in South Carolina, 
in 1828, should thus labor to prove, that in 1775, there was no 
hostility, no cause of war between South Carolina and England } 
That she had no occasion, in reference to her own interest, or 
from a regard to her own welfare, to take up arms in the revo- 
lutionary contest ? Can any one account for the expression of 
such strange sentiments, and their circulation through the State, 
otherwise than by supposing the object to be, what I have already 
intimated, to raise the question, if they had no " collision" (mark 
the expression) with the ministers of King George the Third, in 
1775, what collision have they, in 1828, with the ministers of 
King George the Fourth .'' What is there now, in the existing 
state of things, to separate Carolina from Old, more, or rather, 
than from New England .'' 

Resolutions, sir, have been recently passed by the legislature 
of South Carolina. I need not refer to them : they go no further 
than the honorable gentleman himself has gone, and I hope not 
so far. I content myself, therefore, with debating the matter 
with him. 

And now, sir, what I have first to say on this subject is, that 
at no time, and under no circumstances, has New England or any 
State in New England, or any respectable body of persons in New 
England, or any public man of standing in New England, put 
forth such a doctrine as this Carolina doctrine. 

The gentleman has found no case, he can find none, to sup- 
port his own opinions by New England authority. New England 
57 



450 ' APPENDIX. 

has studied the Constitution in other schools, and under other 
teachers. She looks upon it with other regards, and deems more 
highly and reverently, both of its just authority, and its utility 
and excellence. The history of her legislative proceedings may 
be traced — the ephemeral effusions of temporary bodies, called 
together by the excitement of the occasion, may be hunted up — 
they have been hunted up. The opinions and votes of her public 
men, in and out of Congress, may be explored — it will all be in 
vain. The Carolina doctrine can derive from her neither coun- 
tenance nor support. She rejects it now ; she always did reject 
it ; and till she loses her senses, she always will reject it. The 
honorable member has referred to expressions on the subject of 
the embargo law, made in this place by an honorable and vener- 
able gentleman [Mr. Hillhouse] now favoring us with his pres- 
ence. He quotes that distinguished Senator as saying, that, in 
his judgment, the embargo law was unconstitutional, and that, 
therefore in his opinion, the people were not bound to obey it. 
That, sir, is perfectly Constitutional language. An unconstitu- 
tional law is not binding ; hut then it does not rest with a resolu- 
tion, or a laio of a State legislature, to decide ivhether an act of 
Congress be, or be not Constitutional. An unconstitutional act of 
Congress would not bind the people of this district, although they 
have no legislature to interfere in their behalf; and, on the other 
hand, a constitutional law of Congress does bind the citizens of 
every State, although all their legislatures should undertake to 
annul it, by act or resolution. The venerable Connecticut Sen- 
ator is a constitutional lawyer, of sound principles, and enlarged 
knowledge ; a statesman, practised and experienced, bred in the 
company of Washington, and holding just views upon the nature 
of our governments. He believed the embargo unconstitutional, 
and so did others ; but what then ? Who, did he suppose, was 
to decide that question .•* The State legislatures ? Certainly 
not. No such sentiment ever escaped his lips. Let us follow 
up, sir, this New England opposition to the embargo laws ; let 
us trace it till we discern the principle which controlled and gov- 
erned New England, throughout the whole course of that oppo- 
sition. We shall then see what similarity there is between the 
New England school of constitutional opinions, and this modern 
Carolina school. The gentleman, I think, read a petition from 
some single individual, addressed to the legislature of Massa- 
chusetts, asserting the Carolina doctrine ; that is, the right of 
State interference to arrest the laAvs of the Union. The fate of 
that petition shows the sentiment of the legislature. It met no 
favor. The opinions of Massachusetts were otherwise. They 
had been expressed in 1798, in answer to the resolutions of Vir- 
ginia, and she did not depart from them, nor bend them to the 
times. Misgoverned, wronged, oppressed, as she felt herself to 
be, she still held fast her integrity to the Union. The gentle- 
man may find, in her proceedings, much evidence of dissatisfac- 



APPENDIX. 451 

tion with the measures of the government, and great and deep 
dislike to the embargo; all this makes the case so much the 
stronger for her: for, notwithstanding all this dissatisfaction and 
dislike, she claimed no right, still, to seA^er asunder the bonds of 
union. There was heat, and there was anger, in her political 
feeling — be it so — her heat or her anger did not nevertheless, 
betray her into infidelity to the government. The gentleman 
labors to prove that she disliked the embargo, as much as South 
Carolina dislikes the tariff, and expressed her dislike as strongly. 
Be it so; but did she pi^opose the Carolina remedy 1 — did she 
threaten to interfere, by State authority, to annul the laws of the 
Union ? That is the question for the gentleman's considera- 
tion. 

No doubt, sir, a great majority of the people of New Eng- 
land conscientiously believed the embargo law ol"1807 unconstitu- 
tional; as conscientiously, certainly, as the people of South Car- 
olina, hold that opinion of the tariff. They reasoned thus: 
Congress has power to regulate commerce; but here is a law, 
they said, stopping all commerce, and stopping it indefinitely. 
The law is perpetual; that is, it is not limited in point of time, 
and must, of course, continue until it shall be repealed by some 
other law. It is as perpetual, therefore, as the law against trea- 
son or murder. Now, is this regulating commerce, or destroy- 
ing iO. Is it guiding, controlling, giving the rule to commerce, 
as a subsisting thing; or is it putting an end to it altogether.'' 
Nothing is more certain, than that a majority in New England 
deemed this law a violation of the Constitution. The very case 
required by the gentleman, to justify State interference, had 
then arisen. Massachusetts believed this law to be " a deliber- 
ate^ palpable, and dangerous exercise of a power, not granted by 
the Constitution. Deliberate it was, for it was long continued; 
palpable she thought it, as no words in the Constitution gave the 
power, and only a construction, in her opinion most violent, 
raised it; dangerous it was, since it threatened utter ruin to her 
most important intei'est. Here, then, was a Carolina case. 
How did Massachusetts deal with it.'' It was, as she thought, a 
plain, manifest, palpable violation of the Constitution; and it 
brought ruin to her doors. Thousands of families, and hundreds 
of thousands of individuals, were beggared by it. While she 
saw and felt all this, she saw and felt also, that as a measure of 
national policy, it was perfectly futile; that the country was no 
way benefited by that which caused so much individual distress; 
that it was efficient only for the production of evil, and all that 
evil inflicted on ourselves. In such a case, under such circum- 
stances, how did Massachusetts demean herself? Sir, she remon- 
strated, she memorialized, she addressed herself to the general 
government, not exactly " with the concentrated energy of pas- 
sion," but with her own strong sense, and the energy of sober 
conviction. But she did not interpose the arm of her own power 



452 APPENDIX. 

to arrest the law, and break the embargo. Far from it. Her 
principles bound her to two things; and she followed her prin- 
ciples, lead where they might, 1 irst, to submit to every consti- 
tutional law of Congress, and, secondly, if the constitutional 
validity of the law be doubted, to refer that question to the de- 
cision of the proper tribunals. The first principle is vain and 
ineffectual without the second. A majority of us in New Eng- 
land believed the embargo law unconstitutional; but the great 
question was, and always will be, in such cases, who is to decide 
this? Who is to judge between the people and the government? 
And, sir, it is quite plain, that the Constitution of the United 
States confers on the government itself, to be exercised by its 
appropriate department, and under its own responsibility to the 
people, this power of deciding ultimately and conclusively, upon 
the just extent of its own authority. If this had not been done, 
we should not have advanced a single step beyond the old con- 
federation. 

Being fully of opinion that the embargo law was unconstitu- 
tional, the people of New England were yet equally clear in the 
opinion — it was a matter they did doubt upon- — that the question, 
after all, must be decided by the judicial tribunals of the United 
States. Before those tribunals, therefore, they brought the 
question. Under the provisions of the law, they had given 
bonds, to millions in amount, and which were alleged to be for- 
feited. They suffered the bonds to be sued, and thus raised the 
question. In the old-fashioned way of settling disputes, they 
went to law. The case came to hearing, and solemn argument; 
and he who espoused their cause, and stood up for them against 
the validity of the embargo act, was none other than that great 
man of whom the gentleman has made honorable mention, Sam- 
uel Dexter. • He was then, sir, in the fullness of his knowledge, 
and the maturity of his strength. He had retired from long and 
distinguished public service here, to the renewed pursuit of pro- 
fessional duties; carrying with him all that enlargement and ex- 
pansion, all the new strength and force, which an acquaintance 
with the more general subjects discussed in the national councils, 
is capable of adding to professional attainment, in a mind of true 
greatness and comprehension. He was a lawyer, and he was 
also a statesman. He had studied the Constitution, when he 
filled public station, that he might defend it; he had examined its 
principles, that he might maintain them. More than all men, or 
at least as much as any man, he was attached to the general 
government and to the union of the States. His feelings and 
opinions all ran in that direction. A question of constitutional 
law, too, was, of all subjects, that one which was best suited to 
his talents and learning. Aloof from technicality, and unfettered 
by artificial rules, such a question gave opportunity for that deep 
and clear analysis, that mighty grasp of principle, which so 
much distinguished his higher efforts. His very statement was 



APPENDIX. 453 

argument; his inference seemed demonstration. The earnest- 
ness of his own conviction, wrought conviction in others. One 
was convinced, and believed, and assented, because it was grat- 
ifying, dehghtful to think, and feel, and believe, in unison with 
an intellect of such evident superiority. 

Mr. Dexter, sir, such as I have described him, argued the 
New England cause. He put into his effort his whole heart, as 
well as all the powers of his understanding: for he had avowed, 
in the most public manner, his entire concurrence with his 
neighbors, on the point in dispute. He argued the cause; it 
was lost, and New England submitted. The established trijju- 
nals pronounced the law constitutional, and New England ac- 
quiesced. Now, sir, is not this the exact opposite of the doc- 
trine of the "-entleman from South Carolina? According to him, 
instead of relerrnig to the Judicial tribunals, we should have 
broken up the embargo, by laws of our own: we should have 
repealed it, quoad New England; for we had a strong, palpable, 
and oppressive case. Sir, we believe the embargo unconstitu- 
tional; but still, that was matter of opinion, and who was to 
decide it? We thought it a clear case; but, nevertheless, we 
did not take the law into our own hands, because we did not wish 
io bring about a revolution^ nor to break up the Union : for I 
maintain, that, between submission to the decision of the con- 
stituted tribunals, and revolution, or disunion, there is no middle 
ground — there is no ambiguous condition, half allegiance, and 
half rebellion. And, sir, how futile, how very futile, it is, to 
admit the right of State interference, and then attempt to save it 
from the character of unlawful resistance, by adding terms of 
qualitication to the causes and occasions, leaving all these quali- 
tications, like the case itself, in the discretion of the State gov- 
ernments. It must be a clear case, it is said; a deliberate case; 
a palpable case; a dangerous case. But tlien the State is still 
left at liberty to decide for herself, what is clear, what is delib- 
erate, what is palpable, what is dangerous. Do adjectives and \ 
epithets avail any thing? Sir, the human mind is so constituted, 
that the merits of both sides of a controversy appear very clear 
and very palpal)le, to those who respectively espouse them; and 
both sides usually grow clearer, as the controversy advances. 
South Carolina sees unconstitutionality in the tariff; she sees 
oppression there, also; and she sees danger. Pennsylvania, ^ 
with a vision not less sharp, looks at the same tariff, and sees no 
such thing in it — she Sees it all constitutional, all useful, all safe. 
The faith of South Carolina is strengthened by opposition, and 
she now not only sees, but Resolves, that the tariff is palpably 
unconstitutional, oppressive, and dangerous: but Pennsylvania, 
not to be behind her neighbors, and equally willing to strengthen 
her own faith by a confident asseveration, Resolves, also, and 
gives to every warm affirmative of South Carolina, a plain down- 
right, Pennsylvania negative. South Carolina, to show the 



454 APPENDIX. 

strength and unity of her opinion, brings her assembly to a una- 
nimity, within seven voices; Pennsylvania, not to be outdone in 
this respect more than others, reduces her dissentient fraction to 
a single vote. Now, sir, again 1 ask the gentleman, what is to 
be done? Are these States both right? Is he bound to con- 
sider them both right? If not, which is in the wrong? or rather, 
which has the best right to decide? And if he, and if I, are not 
to know what the Constitution means, and what it is, till those 
two State legislatures, and the twenty-two others, shall agree in 
its construction, what have we sworn to, when we have sworn 
to maintain it? 1 was ibrcibly struck with one reflection, as the 
gentleman [Mr. Hayne] went on in his speech. He quoted Mr. 
Madison's resolutions to prove that a State may interfere, in a 
case of deliberate, palpable, and dangerous exercise of a power 
not granted. The honorable member supposes the tariff law to 
be such an exercise of power; and that, consequently, a case 
has arisen in which the State may, if it see fit, interlere by its 
own law. Now it so happens, nevertheless, that Mr. Madison 
himself deems this same tariff' law quite constitutional. Instead 
of a clear and palpable violation, it is, in his judgment, no viola- 
tion at all. So that while they use his authority for a hypothet- 
ical case, they reject it in the very case before them. All this, 
sir, shows the inherent — futility — I had almost used a stronger 
•vvord — of conceding this power of interference to the States, and 
then attempting to secure it from abuse by imposing qualifica- 
tions, of which the States themselves are to judge. One of two 
things is true; either the laws of the Union are beyond the dis- 
cretion, and beyond the control of the State; or else we have no 
Constitution of general government, and thrust back again to 
the days of tRe confederacy. 

Let me here say, sir, that if the gentleman's doctrine had been 
received and acted upon in New England, in the times of the 
embargo and non-intercourse, we should probably not now have 
been here. The government would, very likely, have gone to 
pieces, and crumbled into dust. No stronger case can ever arise 
than existed under those laws; no States can ever entertain a 
clearer conviction than the New England States then enter- 
tained; and if they had been under the influence of that heresy 
of opinion, as I must call it, which the honorable member 
espouses, this Union would, in all probability, have been scat- 
tered to the four winds. I ask the gentleman, therefore, to apply 
his principles to that case; I ask him to come forth and declare, 
whether, in his opinion, the New England States would have 
been justified in interfering to break up the embargo system, 
under the conscientious opinions which they held upon it? Had 
they a right to annul that law? Does he admit or deny ? If that 
which is thought palpably unconstitutional in South Carolina, 
justifies that State in arresting the progress of the law, tell me, 
whether that which was thought palpably unconstitutional also 



APPENDIX. . 455 

in Massachusetts, would have justified her in doing the same 
thing? Sir, 1 deny the whole doctrine. It has not a foot of 
ground in the Constitution to stand on. No public man of rep- 
utation ever advanced it in Massachusetts, in the warmest times, 
or could maintain himself upon it there at any time. 

I wish now, sir, to make a remark upon the Virginia resolu- 
tions of 1798. I cannot undertake to say how these resolutions 
were understood by those who passed them. Their language is not 
a little indefinite. In the case of the exercise, by Congress, of a 
dangerous power, not granted to them, the resolutions assert the 
right, on the part of the State to interfere, and arrest the pro- 
gress of the evil. This is susceptible of more than one interpre- 
tation. It may mean no more than that the States may interfere, 
by complaint and remonstrance, or by proposing to the people 
an alteration of the federal Constitution. This would be all 
quite unobjectionable ; or, it may be, that no more is meant 
than to assert the general right of revolution, as against all gov- 
ernments, in cases of intolerable oppression. This no one 
doubts, and this, in my opinion, is all that he who framed the 
resolutions could have meant by it ; for I shall not readily be- 
lieve, that he was ever of opinion that a State, under the 
Constitution, and in conformity with it, could, upon the ground 
of her own opinion of its unconstitutionality, however clear anch 
palpable she might think the case, annul a law of Congress, so 
far as it should operate on herself, by her own legislative 
power. 

I must now beg to ask, sir, whence is this supposed right of 
the States derived ? — where do they find the power to interfere 
with the laws of the Union .'' Sir, the opinion which the honorr 
able gentleman maintains, is a notion, founded in a total misap- 
prehension, in my judgment, of the origin of this government, 
and of the foundation on which it stands. I hold it to be a pop- 
ular government, erected by the people ; those who administer 
it, responsible to the people ; and itself capable of being 
amended and modified, just as the people may choose it should 
be. It is as popular, just as truly emanating from the people, 
as the State governments. It is created for one purpose ; the 
state governments for another. It has its own powers, they 
have theirs. There is no more authority with them to arrest the 
operation of a law of Congress, than with Congress to arrest 
the operation of their laws. We are here to administer a Con- 
stitution emanating immediately from the people, and trusted, 
by them, to our administration. It is not the creature of the 
State governments. It is of no moment to the argument, that 
certain acts of the State legislatures are necessary to fill our seats 
in this body. That is not one of their original State powers, a 
part of the sovereignty of the State. It is a duty which the peo- 
ple, by the Constitution itself, have imposed on the State legis- 
latures ; and which they might have left to be performed else- 



456 . APPENDIX. 

where, if they had seen fit. So they have left the choice of 
President with electors ; but all this does not affect the propo- 
sition, that this whole government, President, Senate, and House 
of Representatives, is a popular government. It leaves it still 
all its popular character. The Governor of a State, (in some of 
the States,) is chosen, not directly by the people, but by those 
who are chosen by the people, for the purpose of performing, 
among other duties, that of electing a Governor, Is the gov- 
ernment of a State, on that account, not a popular government .'' 
This government, sir, is the independent offspring of the popular 
will. It is not the creature of State legislatures ; nay, more, if 
the whole truth must be told, the people brought it into exist- 
ence, established it, and have hitiierto supported it, for the very 
purpose, amongst others, of imposing certain salutary restraints 
on State sovereignties. The States cannot now make war ; 
they cannot contract alliances ; they cannot make, each for it- 
sell", separate regulations of commerce; they cannot lay imposts; 
they cannot coin money. If this Constitution, sir, be the crea- 
ture of State legislatures, it must be admitted that it has ob- 
tained a strange control over the volitions of its creators. 

The people, then, sir, erected this government. They gave 
it a Constitution, and in that Constitution they have enumerated 
Xhe powers which they bestow on it. They have made it a lim- 
ited government. They have defined its authority. Thev have 
restrained it to the exercise of such powers as are granted ; and 
all others, they declare, are reserved to the States or the people. 
But, sir, they have not stopped here. If they had, they would 
have accomplished but half their work. No definition can be so 
clear, as to avoid possibility of doubt ; no limitation so precise, 
as to exclude all uncertainty. Who, then, shall construe this 
grant of the people } Who shall interpret their will, where it 
may be supposed they have left it doubtful ? With whom do 
they repose this ultimate right of deciding on the powers of the 
government ? Sir, they have settled all this in the fullest man- 
ner. They have left it, with the government itself, in its ap- 
propriate branches. Sir, the very chief end, the main design, 
for which the whole Constitution was framed and adopted, was 
to establish a government that should not be obliged to act 
through State agency, depend on State opinion, and .State 
discretion. * * * 

But who shall decide on the question of interference } To 
whom lies the last appeal } This, sir, the Constitution itself de- 
cides, also, by declaring, " that the judicial poiocr shall ex- 
tend to all cases arising under the Constitution and laics of the 
United States." These two provisions, sir, cover the whole 
ground. They are, in truth, the keystone of the arch. With 
these, it is a Constitution ; without them, it is a confederacy. 
In pursuance of these clear and express provisions. Congress 
established, at its very first session, in the judicial act, a mode 



APPENDIX. 457 

for carrying them into full effect, and for bringing all questions 
of constitutional power to the final decision of the Supreme 
Court. It then, sir, became a government. It then had the 
means of self-protection ; and, but for this, it would, in all prob- 
ability, have been now among things which are past. Having 
constituted the government, and declared its powers, the people 
have further said, that since somebody must decide on the ex- 
tent of these powers, the government shall itself decide ; subject, 
always, like other popular governments, to its responsibility to 
the people. And now, sir, I repeat, how is it that a State legis- 
lature acquires any power to interfere } Who, or what, gives 
them the right to say to the people, " We, who are your agents 
and servants for one purpose, will undertake to decide, that 
your other agents and servants, appointed by you for another 
purpose, have transcended the authority you gave them ! " The 
reply would be, I think, not impertinent — " Who made you a 
judge over another's servants ? To their own masters they 
stand or fall." 

Sir, I deny this power of State legislatures altogether. It 
cannot stand the test of examination. Gentlemen may say, that, 
in an extreme case, a .State government might protect the people 
from intolerable oppression. Sir, in such a case, the people 
might protect themselves, without the aid of the State govern- 
ments. Such a case warrants revolution. It must make, when 
it comes, a law for itself A nulUfyins^ act of a State legislature 
cannot alter the case, nor make resistance any more lawful. 
In maintaining these sentiments, sir, I am but asserting the 
rights of the people. I state what they have declared, and insist 
on their right to declare it. They have chosen to repose this 
power in the general government, and I think it my duty to 
support it, like other constitutional powers. 

For myself, sir, I do not admit the jurisdiction of South Caro- 
lina, or any other State, to prescribe my constitutional duty, or 
to settle, between me and the people, the validity of laws of 
Congress, for which 1 have voted. I decline her umpirage. I 
have not sworn to support the Constitution according to her con- 
struction of its clauses. I have not stipulated, by my oath of 
office, or otherwise, to come under any responsibility, except to 
the people, and those whom they have appointed to pass upon the 
question, whether laws, supported by my votes, conform to the 
Constitution of the country. And, sir, if we look to the general 
nature of the case,' could any thing have been more preposterous, 
than to make a government for the whole Union, and yet leave 
its powers subject, not to one interpretation, but to thirteen, or 
twenty-four, interpretations ? Instead of one tribunal, established 
by all, responsible to all, with power to decide for all — shall con- 
stitutional questions be left to four-and-twenty popular bodies, 
each at liberty to decide for itself, and none bound to respect the 
decisions of others-, and each at liberty, too, to give a new con- 
58 



458 APPENDIX. 

struction on every new election of its own members? Would 
any thing, with such a principle in it, or rather with such a des- 
titution ot" all principle, be lit to be called a government? No, 
sir. It should not be denominated a Constitution. It should be 
called, rather, a collection of topics, for everlasting controversy; 
heads of debate for a disputatious people. It would not be a 
government. It would not be adequate to any practical good, 
nor fit for any country to live under. To avoid all possibility of 
being misunderstood, allow me to repeat again, in the fullest 
manner, that I claim no powers for the government by forced or 
unfair construction. I admit, that it is a government of strictly 
limited powers; of enumerated, specified, and particularised 
powers; and that whatsoever is not granted, is withheld. But 
notwithstanding all this, and however the grant of powers may 
be expressed, its limits and extent may yet, in some cases, admit 
of doubt; and the general government would be good for nothing, 
it would be incapable of long existing, if some mode had not 
been provided, in which these doubts, as they should arise, might 
be peaceably, but authoritatively, solved. * * * 

Let it be remembered, that the Constitution of the United 
States is not unalterable. It is to continue in its present form 
no longer than the people, who established it, shall choose to 
continue it. If they shall become convinced that they have made 
an injudicious or inexpedient partition and distribution of pow- 
er, between the State governments and the general government, 
they can alter that distribution at will. 

If any thing be found in the national Constitution, either by 
original provision, or subsequent interpretation, which ought not 
to be in it, the people know how to get rid of it. If any con- 
struction be established, unacceptable to them, so as to become, 
practically, a part of the Constitution, they will amend it at their 
own sovereign pleasure. But while the people choose to main- 
tain it as it is; while they are satisfied with it, and refuse to 
change it; who has given, or who can give, to the State legisla- 
tures a right to alter it, either by interference, construction, or 
otherwise? Gentlemen do not seem to recollect that the people 
have any power to do any thing for themselves: they imagine 
there is no safety for them, any longer than they are under the 
close guardianship of the State legislatures. Sir, the people have 
not trusted their safety, in regard to the general constitution, to 
these hands. They have required other security, and taken other 
bonds. They have chosen to trust themselves, first, to the plain 
words of the instrument, and to such construction as the govern- 
ment itself, in doubtful cases, should put on its own powers, under 
their oaths of oflSce, and subject to their responsibility to them; 
just as the people of a State trusts their own State governments 
with a similar power. Secondly, they have reposed their trust 
in the efficacy of frequent elections, and in their own power to 
remove their own servants and agents, whenever they see cause. 



APPENDIX. 459 

Thirdly, they have reposed trust in the judicial power, which, in 
order that it might be trust worthy, they have made as respect- 
able, as disinterested, and as independent as was practicable. — 
Fourthly, they have seen tit to rely, in case of necessity, or high 
expediency, on their known and admitted power to alter or amend 
the Constitution, peaceably and quietly, whenever experience 
shall point out delects or imperfections. And, finally, the people 
of" the United States have, at no time, in no way, directly or in- 
directly, authorized any State legislature to construe or interpret 
their high instrument ot" government: much less to interfere, by 
their own power, to arrest its course and operation. 



Mr. Hayne. The proposition which I laid down, and from 
which the gentleman dissents, is taken from the Virginia resolu- 
tions of '9b, and is in these words, "that in case of a deliberate, 
palpable, and dangerous exercise by the federal government of 
powers Jipt granted by the compact, [the Constitution,] the States 
who are parties ttiereto, have a right to interpose, for arresting 
the progress of the evil, and for maintaining within their re- 
spective limits the authorities, rights, and liberties, appertaining 
to them." The gentleman insists that the States have no right 
to decide whether the Constitution has been violated by acts of 
Congress or not — but that the federal government is the cxehisive 
judge of the extent of its own powers ; and that in case of a viola- 
tion of the Constitution, however " deliberate, palpable, and 
dangerous," a State has no constitutional redress, except where 
the matter can be brought before the Supreme Court, whose de- 
cision must be final and conclusive on the subject. Having 
thus distinctly stated the points in dispute between the gentle- 
man and myself, I proceed to examine them. And here it will 
be necessary to go back to the origin of the federal government. 
It cannot be doubted, and is not denied, that before the Consti- 
tution, each State was an independent sovereignty, possessing 
all the rights and powers appertaining to independent nations; 
nor can it be denied, that, after the Constitution was formed, 
they remained equally sovereign and independent, as to all 
powers not expressly delegated to the federal government. This 
would have been the case even if no positive provision to that 
effect had been inserted in that instrument. But to remove all 
doubt it is expressly declared, by the 10th article of the amend- 
ment of the Constitution, " that the powers not delegated to the 
States, by the Constitution, nor prohibited by it to the States, 
are reserved to the States respectively, or to the people." The 
true nature of the federal Constitution, therefore, is, (in the lan- 
guage of Mr. Madison,) " a compact to which the States are 
parties," a compact by which each State, acting in its sovereign 
capacity, has entered into an agreement with the other States, 
by which they have consented that certain designated powers 



460 APPENDIX. 

shall be exercised by the United States, in the manner prescribed 
in the instrument. Nothing can be clearer than that, under 
such a system, the federal government, exercising strictly dele- 
gated powers, can have no right to act beyond the pale of its 
authority, and that all such acts are void. A State, on the con- 
trary, retaining all powers not expressly given away, may law- 
fully act in all cases where she has not voluntarily imposed re- 
strictions on herself. Here then is a case of a compact between 
sovereigns, and the question arises, what is the remedy for a 
clear violation of its express terms by one of the parties ? And 
here the plain obvious dictate of common sense, is in strict con- 
formity with the understanding of niankind, and the practice of 
nations in all analogous cases — "that where resort can he had 
to no common superior, the parties to the compact must, them- 
selves, be the rightful judges whether the bargain has been pur- 
sued or violated." (Madison's Report, p. 20.) When it is 
insisted by the gentleman that one of the parties " has the power 
of deciding ultimately and conclusively upon the extent of its 
own authority," I ask for the grant of such a power. I call 
upon the gentleman to show it to me in the Constitution, It is 
not to be found there. 

But if there be no common superior, it results from the very 
nature of things, that the parties must be their ovm judges. This 
is admitted to be the case where treaties are formed between 
independent nations, and if the same rule does not apply to the 
federal compact, it must be because the federal is superior to 
the State government, or because the States have surrendered 
their sovereignty. Neither branch of this proposition can be 
maintained for a moment. 

Here, however, we are met by the argument that the Consti- 
tution was not formed by t/tc States, in their sovereign capacity, 
but by the people, and it is therefore inferred that the liederal 
government, being created by all the people, must be supreme; 
and though it is not contended that the Constitution may be 
rightfully violated, yet it is insisted that from the decisions of the 
federal government there can be no appeal. 

I deny that the Constitution was framed by the people in the 
sense in which that word is used on the other side, and insist 
that it was framed by the States acting in their sovereign capa- 
city. When, in the preamble of the Constitution, we tind the 
words, "we, the people of the United States," it is clear, they 
can only relate to the people as citizens of the several States, 
because the federal government was not then in existence. 

We accordingly find, in every part of that instrument, that 
the people are always spoken of in that sense. Thus, in the 
second section of the first article, it is declared, "That the 
House of Representatives shall be composed of members chosen 
every second year, by the people of the several States." To 
show that, in entering into this compact, the States acted in their 



APPENDLX. 461 

sovereign capacity, and not merely as parts of one great com- 
munity, what can be more conclusive than the historical fact, 
that, when every State had consented to it except one, she was 
not held to be bound. A majority of the people in any State 
bound that State, but nine-tenths of a!l the people of the United 
States could not bind the people of Rhode Island, until Rhode 
Island, as a State, had consented to the compact. 

I am not disposed to dwell longer on this point, which does 
appear to my mind to be too clear to admit of controversy. But 
I will quote from Mr. Madison's report, which goes the whole 
length in support of the doctrines for which I have contended. 

Having now established the position that the Constitution was 
a compact between sovereign and independent States, having no 
common superior, " it follows of necessity," (to borrow the lan- 
guage of Mr. Madison,) " that there can be no tribunal above 
their authority to decide in the last resort, whether the compact 
made by them be violated; and consequently, that, as the parties 
to it, they must themselves decide, in the last resort, such ques- 
tions as may be of sufficient magnitude to require their interpo- 
sition." 

But the gentleman insists that the tribunal provided by the 
Constitution, for the decision of controversies between the States 
and the federal government, is the Supreme Court. 

It is clear that questions of sovereignty are not the proper 
subjects oi judicial investigation. They are much too large, and 
of too delicate a nature, to be brought within the jurisdiction of 
a court of justice. Courts, whether supreme or subordinate, are 
the mere creatures of the sovereign power, designed to ex- 
pound and carry into effect its sovereign will. No independent 
State ever yet submitted to a judge on the bench the true con- 
struction of a compact between itself and another sovereign. 
All courts may incidentally take cognizance of treaties, where 
rights are claimed under them, but who ever heard of a court 
making an inquiry into the authority of the agents of the high 
contracting parties to make the treaty — whether its terms had 
been fulfilled, or whether it had become void, on account of a 
breach of its conditions on either side? All these are political, 
and not judicial questions. Some reliance has been placed on 
those provisions of the Constitution which constitute " one Su- 
preme Court," which provide, "that the judicial power shall 
extend to all cases in law and equity arising under this Consti- 
tution, the laws of the United States and treaties," and which 
declare " that the Constitution, and the laws of the United 
States, which shall be made in pursuance thereof, and all treaties, 
&c., shall be the supreme law of the land," &c. Now, as to the 
name of the Supreme Court, it is clear that the term has relation 
only to its supremacy over the inferior courts provided for by 
the Constitution, and has no reference whatever to any suprem- 
acy over the sovereign States. The words are, " the judicial 



462 APPENDIX. 

power of the United States shall be vested in one Supreme Court, 
and such inferior courts as Congress may, from time to time, 
establish," &c. Though jurisdiction is given " in cases arising 
under the Constitution," yet it is expressly limited to " cases in 
law and equity," showing conclusively that this jurisdiction was 
incidental merely to the ordinary administration of justice, and 
not intended to touch high questions of conflicting sovereignty. 
When it is declared that the Constitution and the laws of the 
United States, " made in pursuance thereof, shall be the supreme 
law of the land," it is manifest that no indication is given either 
as to the power of the Supreme Court, to bind the States by its 
decisions, nor as to the course to be pursued in the event of laws 
being passed not in pursuance of the Constitution, And 1 beg 
leave to call gentlemen's attention to the striking fact, that the 
powers of the Supreme Court in relation to questions arising 
under " the laws and the Constitution," are co-extensive with 
those arising under treaties. In all of these cases the power is 
limited to questions arising in law and equity, that is to say, to 
cases where jurisdiction is incidentally acquired in the ordinary 
administration of justice. But as, with regard to treaties, the 
Supreme Court has never assumed jurisdiction over questions 
arising between the sovereigns who are parties to it; so under 
the Constitution, they cannot assume jurisdiction over questions 
arising between the individual States and the United States. 

But to prove, as I think conclusively, that the judiciary were 
not designed to act as umpires, it is only necessary to observe, 
that, in a great majority of cases, that court could manifestly 
not take jurisdiction of the matters in dispute. Whenever it 
may be designed by the federal government to commit a viola- 
tion of the Constitution, it can be done, and always will be done 
in such a manner as to deprive the court of all jurisdiction over 
the subject. Take the case of the tariff and internal improve- 
ments, whether constitutional or unconstitutional, it is admitted 
that the Supreme Court have no jurisdiction. Suppose Con- 
gress should, for the acknowledged purpose of making an equal 
distribution of the property of the country, among States or indi- 
viduals, proceed to lay taxes to the amount of ^50,000,000 a 
year. Could the Supreme Court take cognizance of the act 
laying the tax, or making the distribution? Certainly not. 

Take another case which is very likely to occur. Congress 
have the unlimited power of taxation. Suppose them also to 
assume an unlimited power of appropriation. Appropriations of 
money are made to establish presses, promote education, build 
and support churches, create an order of nobility, or for any 
other unconstitutional object; it is manifest that, in none of these 
cases, could the constitutionality of the laws making those grants 
be tested before the Supreme Court. It would be in vain, that 
a State should come before the judges with an act appropriating 
money to any of these objects, and ask of the court to decide 



APPENDIX. 463 

whether these grants were constitutional. They could not even 
be heard; the court would say they had nothing to do with it; 
and they would say rightly. It is idle, therefore, to talk of the 
Supreme Court atibrding any security to the States, in cases 
where their rights may be violated by the exercise of unconsti- 
tutional powers on the part of the federal government. On this 
subject Mr. Madison, in his report, says: "But it is objected, 
that the judicial authority is to be regarded as the sole expositer 
of the Constitution in the last resort; and it may be asked, for 
what reason the declaration by the General Assembly, supposing 
it to be theoretically true, could be required at the present day, 
and in so solemn a manner. 

" On this objection it might be observed, first, that there may 
be instances of usurped power, which the forms of the Constitu- 
tion would never draw within the conti'ol of the judicial depart- 
ment." 

But the proper answer to the objection is, that the resolution 
of the General Assembly relates to those great and extraordinary 
cases in which all the forms of the Constitution may prove inef- 
fectual against infractions dangerous to the essential rights of 
the parties to it. 

" However true, therefore, it may be, that the judicial depart- 
ment is, in all questions submitted to it by the forms of the Con- 
stitution, to decide in the last resort, this resort must necessarily 
be deemed the last in relation to the authorities of the other de- 
partments of the government; not in relation to the rights of the 
jjarties to the constitutional compact, from which the judicial as 
well as the other departments, hold their delegated trusts. On 
any other hypothesis, the delegation of judicial power would 
annul the authority delegating it; and the concurrence of this 
department with the others in usurped powers, might subvert for- 
ever, and beyond the possible reach of any rightful remedy, the 
very Constitution which all were instituted to preserve." 

If, then, the Supreme Court are not, and, from their organiza- 
tion, cannot, be the umpires in questions of conflicting sover- 
eignty, the next point to be considered is, whether Congress 
themselves possess the right of deciding conclusively on the ex- 
tent of their own powers. This, I know, is a popular notion, 
and it is founded on the idea, that as all the States are repre- 
sented here, nothing can prevail which is not in conformity with 
the will of the majority — and it is supposed to be a republican 
maxim, " that the majority must govern." 

Now will any one contend that it is the true spirit of this gov- 
ernment, that the loill of a majority of Congress should, in all 
cases, be the supreme law 1 If no security was intended to be 
provided for the rights of the States, and the liberty of the citi- 
zens, beyond the mere organization of the federal government, 
we should have had no written Constitution, but Congress would 
have been authorized to legislate for us, in all cases whatsoever; 



464 APPENDIX. 

and the acts of our State legislatures, like those of the present 
legislative councils in the territories, would have been subjected 
to the revision and control of Congress. If the will of a majority 
of Congress is to be the supreme law of the land, it is clear the 
Constitution is a dead letter, and has utterly failed of the very 
object for which it was designed — the protection of the rights of 
the minority. But when, by the very terms of the compact, strict 
limitations are imposed on every branch of the federal govern- 
ment, and it is, moreover, expressly declared, that all powers, 
not granted to them, " are reserved to the States or the people," 
with what show of reason can it be contended, that the tederal 
government is to be the exchisive judge of the extent of its own 
powers.^ A torittcn Cunstitution. was resorted to in this country, 
as a great experiment, for the purpose of ascertaining how I'ar 
the rights of a minority could be secured against the encroach- 
ments of majorities — often acting under party excitement, and 
not unfrequently under the influence of strong interests. The 
moment that Constitution was formed, the will of the majority 
ceased to be the law, except in cases that should be acknowledged 
by the parties to it to be tcithin the Constitution, and to have been 
thereby submitted to their will. But when Congress (exercising 
a delegated and strictly limited authority) pass beyond these 
limits, their acts become null and void; and must be declared to 
be so by the courts, in cases within their jurisdiction; and may 
be pronounced to be so, by the States themselves, in cases not 
within the jurisdiction of the courts, of sufficient importance to 
justify such an inference. 

But what then? asks the gentleman. A State is brought into 
collision with the United States, in relation to the exercise of un- 
constitutional powers: who is to decide between them. ^ Sir, it is 
the common case of difference of opinion between sovereigns, 
as to the true construction of a compact. Does such a difference 
of opinion necessarily produce war? No. And if not, among 
rival nations, why should it do so among friendly States? In all 
such cases, some mode must be devised by mutual agreement, 
for settling the difficulty: and most happily for us, that mode is 
clearly indicated in the Constitution itself, and results indeed 
from the very form and structure of the government. The cre- 
ating power is three-fourths of the States. By their decision, the 
parties to the compact have agreed to be bound, even to the ex- 
tent of changing the entire form of the government itself; and it 
follows of necessity, that in case of a deliberate and settled dif- 
ference of opinion between the parties to the compact, as to the 
extent of the powers of either, resort must be had to their com- 
mon superior — (that power which may give any character to the 
Constitution they may think proper) — viz: three-fourths of the 
States. 

But it has been asked, why not compel a State, objecting to the 
constitutionality of a law, to appeal to her sister States, by a 



APPENDIX. 165 

proposition to amend the Constitution? I answer, because, such 
a course would, in the first instance, admit the exercise of an 
unconstitutional authority, which the States are not bound to 
submit to, even for a day, and because it would be absurd to sup- 
pose that any redress would ever be obtained by such an appeal, 
even if a State were at liberty to make it. If a majority of both 
Houses of Congress should, from any motive, be induced delib- 
erately, to exercise "powers not granted," what prospect would 
there be of " arresting the progress of the evil," by a vote of 
three-fourths? But the Constitution does not permit a minority 
to submit to the people a proposition for an amendment of the 
Constitution. Such a proposition can only come from " two- 
thirds of the two Houses of Congress, or the legislatures of two- 
thirds of the States." It will be seen therefore, at once, that a 
minority, whose constitutional rights are violated, can have no 
redress by an amendment of the Constitution. When any State 
is brought into direct collision with the federal government, in 
the case of an attempt, by the latter, to exercise unconstitutional 
powers, the appeal must be made by Congress, (the party pro- 
posing to exert the disputed power,) in order to have it expressly 
conferred, and, until so conferred, the exercise of such authority 
must be suspended. Even in cases of doubt, such an appeal is 
due to the peace and harmony of the government. On this sub- 
ject our present chief magistrate, in his opening message to Con- 
gress, says: " I regard an appeal to the source of poicer, in cases 
of real doubt, and where its exercise is deemed indispensable to 
the general welfare, as among the most sacred of all our obliga- 
tions. Upon this country, more than any other, has, in the prov- 
idence of God, been cast the special guardianship of the great 
principle of adherence to zvritten Constitutions. If it fail here, 
all hope in regard to it will be extinguished. That this was in- 
tended to be a government of limited and specific, and not gen- 
eral powers, must be admitted by all ; and it is our duty to pre- 
serve for it the character intended by its framers. The scheme 
has worked well. It has exceeded the hopes of those who de- 
vised it, and become an object of admiration to the world. Noth- 
ing is clearer, in my view, than that we are chiefly indebted for 
the success of the Constitution under which we are now acting, 
to the watchful and auxiliary operation of the State authorities. 
This is not the reflection of a day, but belongs to the most deeply 
rooted convictions of my mind, I cannot, therefore, too strongly 
or too earnestly, for my own sense of its importance, warn you 
against all encroachments upon the legitimate sphere of State 
sovereignty. Sustained by its healthful and invigorating influ- 
ence, the federal system can never fail." 

I have already shown, that it has been fully recognized by the 

Virginia resolutions of '98, and by Mr. Madison's report on these 

resolutions, that it is not only " the right, but the duty of the 

States," to "judge of infractions of the Constitution," and "to 

59 



466 APPENDIX. 

interpose for maintaining within their limits the authorities , rights, 
and liberties y appertaining to them.'' 

Mr. Jefferson, on various occasions, expressed himself in lan- 
guage equally strong. In the Kentucky resolutions of '98, pre- 
pared by him, it is declared that the federal government " was 
not made the exclusive and final judge of the extent of the pow- 
ers delegated to itself, since that would have made its discretion, 
and not the Constitution, the measure of its powers, but that, as 
in all other cases of compact among parties having no common 
judge, each party has an equal right to judge for itself, as well 
of infractions as the mode and measure of redress." 

In the Kentucky resolutions of '99, it is even more explicitly 
declared, " that the several States which formed the Constitution, 
being sovereign and independent, have the unquestionable right 
to judge of its infraction, and that a imllif cation by those sover- 
eignties of all unauthorized acts done under color of that instru- 
ment, is the rightful remedy." 

But the gentleman says, this right will be dangerous. Sir, I 
insist, that of all the checks that have been provided by the Con- 
stitution, this is by far the safest, and the least liable to abuse. 

But there is one point of view, in which this matter presents 
itself to my mind with irresistible force. The Supreme Court, it 
is admitted, may nullify an act of Congress, by declaring it to be 
unconstitutional. Can Congress, after such a nullification, pro- 
ceed to enforce the law, even if they should differ in opinion from 
the court? What then would be the effect of such a decision.'' 
And what would be the remedy in such a case ? Congress would 
be arrested in the exercise of the disputed potoer, and the only 
remedy would be, an appeal to the creating power, three-fourths 
of the States, for an amendment to the Constitution, And by 
whom must such an appeal be made.'' It must be made by the 
party proposing to exercise the disputed power. Now I will ask, 
whether a sovereign State may not be safely entrusted with the 
exercise of a power, operating merely as a check, which is ad- 
mitted to belong to the Supreme Court, and which may be exer- 
cised every day, by any three of its members. Sir, no ideas that 
can be formed of arbitrary power on the one hand, and abject 
dependence on the other, can be carried further, than to suppose, 
that three individuals, mere men, " subject to like passions with 
ourselves," may be safely entrusted with the power to nullify an 
act of Congress, because they conceive it to be unconstitutional; 
but that a sovereign and independent State, even the great State 
of New York, is bound, implicitly, to submit to its operation, 
even where it violates, in the grossest mannner, her own rights, 
or the liberties of her citizens. But we do not contend that a 
common case would justify the interposition. 

This is " the extreme medicine of the State," and cannot be- 
come our daily bread. 

Mr. Madison, in his report says, " it does not follow, however, 
that because the States, as sovereign parties to their constitu- 



APPENDIX. 467 

tional compact, must ultimately decide whether it has been vio- 
lated, that such a decision ought to be interposed, either in a 
hasty manner, or on doubtful and inferior occasions. 

" The resolution has, accordingly, guarded against any mis- 
apprehension of its object, by expressly requiring, for such an 
interposition, ' the case of a deliberate, palpable, and dangerous 
breach of the Constitution, by the exercise of powers not granted 
by it.' 

" But the resolution has done more than guard against mis- 
construction, by expressly referring to cases of a deliberate, pal- 
pable, and dangerous nature. It specifies the object of the inter- 
position which it contemplates to be solely that of arresting the 
progress of the evil of usurpation, and of maintaining the author- 
ities, rights, and liberties appertaining to the States, as parties 
to the Constitution." 

No one can read this, without perceiving that Mr, Madison 
goes the whole length, in support of the principles for which I 
have been contending. 

The gentleman has called upon us to carry out our scheme 
practically. Now, sir, if I am correct in my view of this matter, 
then it follows, of course, that the right of a State being estab- 
lished, the federal government is bound to acquiesce in a solemn 
decision of a Stale, acting in its sovereign capacity, at least so 
far as to make an appeal to the people for an amendment of the 
Constitution. This solemn decision of a State, (made either 
through its legislature or a Convention, as may be supposed to 
be the proper organ of its sovereign will — a point I do not pro- 
pose now to discuss,) binds the federal government under the 
highest constitutional obligation, not to resort to any means of 
coercion against the citizens of the dissenting State, How then 
can any collision ensue between the federal and State govern- 
ments, unless, indeed, the former should determine to enforce 
the law by unconstitutional means .^ 

Sir, I will put the case home to the gentleman. Is there any 
violation of the constitutional rights of the States, and the liber- 
ties of the citizens, (sanctioned by Congress and the Supreme 
Court,) which he would believe it to be the right and duty of a 
State to resist.'' Does he contend for the doctrine "of passive 
obedience and non-resistance ? Would he justify an open resist- 
ance to an Act of Congress sanctioned by the Courts, which 
should abolish the trial by jury, or destroy the freedom of reli- 
gion, or the freedom of the press? Yes, sir, he would advocate 
resistance in such cases; and so would I, and so would all of 
us. But such resistance would, according to his doctrine, be 
revolution : it would be rebellioa. According to my opinion it \ 
would be just, legal, and constitutional resistance. The whole 
difference between us, then, consists in this: the gentleman 
would make force the only arbiter in all cases of collision be- 
tween the States and the federal government. I would resort to 
1 peaceful remedy — the interposition of the State to "arrest the 



468 APPENDIX. 

progress of the evil," until such times as " a convention, (as- 
sembled at the call of Congress or two-thirds of the several 
States,) shall decide to which they mean to give an authority 
claimed by two of their organs." Sir, I say with Mr. JeflTerson, 
(whose words I have here borrowed,) that " it is the peculiar 
wisdom and felicity of our Constitution, to have provided this 
peaceable appeal, where that of other nations," (and I may add 
that of the gentleman,) " is at once to force." 
* * * 

Mr, Webster (in some closing remarks said): A few words 
on the constitutional argument, which the honorable gentleman 
(Mr. Hayne) labored to reconstruct. 

His argument consists of two propositions, and an inference. 
His propositions are — 1. That the Constitution is a compact be- 
tween the States. 2. That a compact between two, with au- 
thority reserved to one to interpret its terms, would be a surrender 
to that one, of all power whatever. 3. Therefore, (such is his 
inference,) the General Government does not possess the author- 
ity to construe its own powers. 

Now, sir, who does not see, without the aid of exposition or 
detection, the utter confusion of ideas, involved in this, so elab- 
orate and systematic argument? 

The Constitution, it is said, is a compact between States : the 
States, then, and the States only, are parties to the compact. How 
comes the general government itself a party? Upon the honor- 
able gentleman's hypothesis, the general government is the result 
of the compact, the creatures of the compact, not one of the 
parties to it. Yet the argument, as the gentleman has now stated 
it, makes the government itself one of its own creators. It makes 
it a party to that compact to which it owes its own existence. 

For the purpose of erecting the Constitution on the basis of a 
compact, the gentleman considers the States as parties to that 
compact; but as soon as his compact is made, then he chooses 
to consider the general government, which is the offspring of that 
compact, not its offspring, but one of its parties; and so, being 
a party, has not the power of judging on the terms of compact. 

If the whole of the gentleman's main proposition were con- 
ceded to him, that is to say — if I admit for the sake of the argu- 
ment, that the Constitution is a compact between States, the in- 
ferences, which he draws from that proposition, are warranted by 
no just reason. Because, if the Constitution be a compact be- 
tween States, still, that Constitution, or that compact, has estab- 
lished a government, with certain powers; and whether it be 
one of those powers, that it shall construe and interpret for itself, 
the terms of the compact, in doubtful cases, can only be decided 
by looking to the compact, and inquiring what provisions it con- 
tains on this point. Without any inconsistency with natural 
reason, the government, even thus created, might be trusted 
with this power of construction. The extent of its powers, 
therefore, must still be sought for in the instrument itself. 



APPENDIX. 469 

If the old confederation had contained a clause, declaring that 
resolutions of the Congress should be the supreme law of the 
land, any State law or Constitution to the contrary notwithstand- 
ing, and that a committee of Congress, or any other body created 
by it, should possess judicial powers, extending to all cases arising 
under resolutions of Congress, then the power of ultimate 
decision would have been vested in Congress, under the confed- 
eration, although that confederation was a compact between 
States; and, for this plain reason: that it would have been com- 
petent to the States, who alone were parties to the compact, to 
agree, who should decide, in cases of dispute arising on the con- 
struction of the compact. 

For the same reason, sir, if 1 were now to concede to the 
gentleman his principal propositions, viz: that the Constitution 
is a compact between States, the question would still be, what 
provision is made, in this compact, to settle points of disputed 
construction, or contested power, that shall come into contro- 
versy .•' and this question would still be answered, and conclusively 
answered, by the Constitution itself While the gentleman ia 
contending against construction, he himself is setting up the most 
loose and dangerous construction. The Constitution declares, 
that the laws of Congress shall he the supreme laio of the land. — 
No construction is necessary here. It declares, also, with equal 
plainness and precision, that the judicial poiccr of the United 
States shall extend to every case arising under the laws of Con- 
gress. This needs no construction. Here is a law, then, which 
is declared to be supreme; and here is a power established, which 
is to interpret that law. Now, sir, how has the gentlemen met 
this? Suppose the Constitution to be a compact, yet here are its 
terms and how does the gentleman get rid of them? He cannot 
argue the seal off the bond, nor the words out of the instrument. 
Here they are — what answer does he give to them? None in the 
world, sir, except, that the effect of this would be to place the 
States in a condition of inferiority; and because it results, from 
the very nature of things, there being no superior, that the parties 
must be their own judges. Thus closely and cogently does the 
honorable gentleman reason on the words of the Constitution. 
The gentleman says, if there be such a power of final decision 
in the general government, he asks for the grant of that power. 
Well, sir, I show him the grant — I turn him to the very words — 
I show him that the laws of Congress are made supreme; and 
that the judicial power extends, by express words, to the inter- 
pretation of these laws. Instead of answering this, he retreats 
into the general reflection, that it must result from the nature of 
things^thsit the States, being the parties, must judge for themselves. 
I have admitted, that, if the Constitution were to be considered 
as the creature of the State Governments, it might be modified, 
interpreted, or construed, according to their pleasure. But, even 
in that case, it would be necessary that they should agree. One, 
alone, could not interpret it conclusively; one, alone, could not 



470 APPENDIX. 

construe it; one alone, could not modify it. Yet the gentleman's 
doctrine is, that Carolina, alone, may construe and interpret that 
compact which equally binds all, and gives equal rights to all. 

So then, sir, even supposing the Constitution to be a compact 
between the States, the gentleman's doctrine, nevertheless, is not 
maintainable; because, first, the general government is not a 
party to that compact, but a Goveriiment established by it, and 
vested by it with the powers of trying and deciding doubtful 
questions; and, secondly, because, if the Constitution be re- 
garded as a compact, not one State only, but all the States, are 
parties to that compact, and one can have no right to fix upon it 
her own peculiar construction. 

So much, sir, for the argument, even if the premises of the 
gentleman were granted, or could be proved. But, sir, the gen- 
tleman has failed to maintain his leading proposition. He has 
not shown, it cannot be shown, that the Constitution is a compact 
between State governments. The Constitution itself, in its very 
front, refutes that proposition: it declares that it is ordained and 
established by the People of the United States. So far from say- 
ing that it is established by the governments of the several States, 
it does not even say that it is established by the People of the 
several States : but it pronounces that it is established by the 
People of the United States, in the aggregate. The gentleman 
says, it must mean no more than that the People of the several 
States, taken collectively, constitute the People of the United 
States; be it so, but it is in this, their collective capacity, it is as 
all the People of the United States, that they establish the Con- 
stitution. So they declare; and words cannot be plainer than 
the words used. 

When the gentleman says, the Constitution is a compact be- 
tween the States, he uses language exactly applicable to the old 
confederation. He speaks as if he were in Congress before 1789. 
He describes fully that old state of things then existing. The 
confederation was, in strictness, a compact; the States, as States, 
were parties to it. We had no other general government. But 
that was found insufficient, and inadequate to the public exigen- 
cies. The people were not satisfied with it, and undertook to 
establish a better. They undertook to form a general govern- 
ment, which should stand on a new basis — not a confederacy, not 
a league, not a compact between States, but a Constitution: a 
popular government, founded in popular election, directly respon- 
sible to the people themselves, and divided into branches, with 
prescribed limits of power, and prescribed duties. They ordained 
such a government: they gave it the name of a Constitution^ and 
therein they established a distribution of powers between this, 
their general government, and their several State governments. 
When they shall become dissatisfied with this distribution, they 
can alter it. Their own power over their own instrument re- 
mains. But until they shall alter it, it must stand as their will, and 
is equally binding on the general government and on the States. 



INDEX. 



ADAMS, JOHN Vice President, page 17. 

his Speech when sworn into office, 17, 18. 

in favor of Navy, 89, 95. 

elected President in 1797, 91. 

his policy and measures similar to Washington, 91. 

his praise of Washington, 92. 

in his presidency, difficulties with France, 93, 105. 

his efforts to maintain peace with France, 94. 

his missions to France, 96, 98. 

his policy towards France in 1798, 98, 103, 105. 
approved by Congress, 108, 113. 

his last annual address to Congress, 114. 

his administration closed prosperously, 114, 115. 

his death noticed, 331. 
ADAMS, JOHN Q. chosen President, 305. 

elected by House of Representatives, 305. 

his superior talents and experience as a statesman, 305, 

his political views, 305, 306. 

in favor of a liberal construction of Constitution, 306,307, 312,313, 358. 

differed in some respects from Mr. Monroe as to State rights, 306. 

unjust prejudices against, 306. 

his appointments judicious and impartial, 306. 

his praise of President Monroe, 306. 

his fidelity and magnanimious policy, 307. 

prosperous state of the Union, at his election, 308, 309. 

his negotiations with Great Britain, 308. 

his views of the South American republics, 316, 318, 346. 

Message relating to Georgia and Indians, 338. 
opposition to it, 347. 

his opinion on the Tariff, 356, 357. 
AGRICULTURE, interests of, stated by Mr. Monroe, 247. 
ALABAMA, Slate of admitted, 263. 

ALGIERS and other Barbary powers. 122, 124, 127, 132, 135, 137. 232. 
ALIEN AND SEDrnON LAWS. 102. 
ALIENS too easilv admitted citizens, 139. 
AMERICAN SYSTEM, 389, 340. 
AMENDMENTS to Constitution, 26, 27, 269. 
proposed, 322. 

BANK OF UNITED STATES established, 36. 
expires and not removed, 178. 

proposed in 1814, and approved by two Houses of Congress, 222 
disapproved by Mr Madison, 222, 223. 
incorporated in 1816, 233. 
provisions and period of, 234. 
useful to regulate the currency, 235. 
President Jackson opposed to, 378, 394. 
bill to renew, negatived by him, 389. 
examination of, 261. 
reported to be correct and safe, 261, 410. 
President Jackson early opposed to, 378, 389. 
not injurious, but useful, 378, 379, 394. 
McLane, Secretary of Treasury, in favor of, 394. 
opinion in favor of, in Philadelphia, 395. 



472 INDEX. 

BANK OF UNITED STATES, public funds removed from, 403. 

congress a majority in favor of, 388, 389, 403, 410. 

President Jackson opposed to, 394, 402, 418. 
BANKS, of States, bills of not received unless redeemed, 241. 

whether subject to regulaiion by federal government, 241. 

numerous in 1316 and 1817, 242, 263, 267. 

utility of, if well conducted, 242 

unable to pay specie, 265, 267. 

made places of deposit of funds of United States, 418, 419. 
BANKRUPT LAW, 109. 269, 275, 284, 322, 326, 335. 
BARBOUR, Secretary of War, his system of treating the Indian tribes, 261. 

in favor of their removal, 361. 
tURR AARON, Vice President. 118, 137. 

his conspiracy, 143, 144, 153, 164. 

CALHOUN JOHN C, of South Carolina, in favor of enlarged policy and liberal 
construction of Constitution, 237. 

resolutions on State rights, 398. 
CANADA, invaded in war of 1812, 184, 197. 

invasion of, unsuccessful, 191, 192,204, 211, 218. 

invasion of, in 1813, 204. 

war on the borders of, 208, 212. 

invasion of, unpopular, 212. 

a new invasion of, unsuccessful, 213. 

many lives lost in the expeditions of, 218. 
CARROLL CHARLES, last signer of Declaration of Independence, privilege of 

franking, 352. 
CHASE, Judge of Supreme Court of United Stales impeached, 133. 

acquitted, 134. 
CHESAPEAKE FRIGATE, attacked by a British ship of war, 148, 149. 

extra session of Congress for, 150. 

negotiations on, 151. 

President Jefferson's opinion of the attack on, 152. 
CINCINNATI SOCIETY, one of its fundamental principles, 77. 
CLAY HENRY, of Kentucky, favored a recognition of South American re- 
publics, 257, 264. 
COMMERCE, early regulated and encouraged, 20, 68. 

embarrassed by foreign nations, 179, 180, 243. 

state of, in 1816, 234. 

amount great engaged in, 234. 

depressed by British monopolizing regulations, 243. 
remedies to prevent proposed, 244. 

with foreign nations proposed on principles of reciprocity, 300, 301. 
CONFEDERATION, Imperfect and inefficient, 10. 
CONSTITUTION formed and adopted, 9. 

approved by the people acting by States, 10, 11. 

amendments of, 10, 68, 131, 298. 
proposed, 322. 

power given by it to federal government limited, 227, 228. 

no security to liberty, if not limited and obeyed, 228, 
COURTS, federal, new modelled, 116, 122, 124. 

proposal to allow appeals from to Senate, 286, 324. 

proposition to enlarge, 378. 
CURRENCY to be regulated by Congress, 241, 243. 

Bank of United States favorable to a uniform, 243. 

effect on, bv experiments of General Jackson, 442. 
CUMBERLAND ROAD, expenses of, 265, 390. 

extended, 265, 296, 323, 390. 

opinion of Jefferson, Madison and Monroe of, 323,390. 

opinion of Jackson of, 390, 441. 

DEBT NATIONAL, 21,33,45,230,263. 
funding of, 52. 

reduction of, urged by Washington, 77. 
large in 1815,-230, 233, 245, 252, 260, 272, 282, 329, 346, 347. 



INDEX. 473 



DEBT National, plan for reducing, 233, 245. 

much reduced, 302. 

paid off, 430. 
DEBTS of States assumed, 31, 32, 33. 
DEBATES in Congress with open doors, 39, 40. 

great range in, 381. 
DEFAULTERS Public, to be removed, 84. 
DUANE, partial conduct of Mr. Jefferson to, 121. 
DUTIES on Tea, Coffee, &c., rates of, reduced, 379. 



EMBARGO in 1807, without limitation, 157. 

objections to, and sufferings by, 158, 162, 165, 166, 215. 
ENGLAND, restrictions on trade and navigation, 48. 

negotiations with, 37, 45, 48. 

retains forts, 45. 

depredations on American navigation, 63. 

impressments by, of American Seamen, 64. 

dispute with, as to the terms of treaty of 1794, — 121. 

and France interfere with neutral rights, 141. 

negotiations with, 146, 166, 171, 172. 

treaty with, rejected by Mr. Jefferson, 146, 156. 

negotiations with, declined, 160. 

non-intercourse with, 169, 174, 216. 

treaty signed by its ministers disapproved, 170. 

new disputes with, in 1809,-172, 173. 

Envoy of, leaves Washington, 173. 
" his improper charge against the President, 173. 

attempts to preserve peace with, 176. 

complains of French duplicity, 176. 

War declared against, 180, 181. 

proposals from, for cessation of hostilities, 197. 

Orders in Council, 204. 
" repealed, 204, 207. 

disputes with, continued and reasons for, 213, 366, 368 

peace made with, 217. 

Commercial Convention with, 231. 

proposals to, for Commercial intercourse, 244, 

dispute with, of Eastern boundary, 299, 344, 353. 

trade with, reciprocity claimed, 300, 308, 327. 

Commercial intercourse with, 250, 259. 

reciprocity of, desired, 327, 376, 377. 

declines to treat on liberal terms, 332, 344. 

outlines of proposals to, for treatj', 332. 

agrees to pay for Slaves, 333. 

trade to its Colonies, 335, 342, 344, 376, 359. 

different terms of a treaty with, 335, 359, 376. 

Boundary between, and United States, 344, 353, 387, 393. 

Commercial treaty with, 385, 393, 387. 

Boundary line of. Northeast, 393. 

unsettled, 313, 413, 414, 415, 416. 

claims of, about line, 414, 415, 416. 
EXCISE on distilled spirits, 41, 70. 

opposition to, 55, 74, 104. 

on carriages, 70. 
EXPENSES Public, estimation of, in 1789, 27. 
" in 1837, 441. 

great for Public Printing, 441. 

FINANCE, early attention of Congress to, 20, 29, 40, 61. 

in 1800, 116, 125. 

low state of, 179, 180, 201, 214, 274. 

public improved, 245, 252, 309. 

state of, 326, 329, 346, 355, 380, 389, 418. 

great expenditures, 420, 428. 
FISHERIES encouraged, 46. 

60 



474 INDEX. 

FLORIDA, claimed by the United States, 134, 135, 177, 239, 240, 250, 252, 281, 285. 

taken possession of, ]77. 

invasion of, by Gen. Jackson, 357. 

expenses of war in, 428, 440. 

many lives lost there, '140, 441. 
FORTS repaired and nevif ones built, 100. 
FRANCE, revolutionary excesses in, 68. 

minister of, interferes with American government, 58, 59. 
" his disrespect to Washington, 59, 61. 

neutral policy towards, GO. 

minister of, recalled, 88. 

difficulties with, 89, 93, 103. 

eflbrts for friendly intercourse with, 94, 103. 

Envoy sent to, for preserving peace, 96. 

failure of negotiations with, 97. 

defensive measures against, 98, 100. 

mistakes the character of American people and government, 98 99. 

overtures from, to negotiate, 105, 113, 292. 

expense of defensive measures against, 112, 113. 

negotiations with, in 1801, 121. 

Louisiana purchased of, 128, 129. 

and England interfere with neutral rights, 141, 156, 160. 

depredates on neutral rights, 158. 

non-intercourse with, 174. 

Convention with, 292, 344. 

negotiations with, 344. 

Emperor of, dictating to the United States, 175, 180. 
" equivocation of, 176, 196. 

" seeks for friendly intercourse, 173. 

" alleged partiality for, 178, 179. 

complaints against its duplicity, 196. 

decrees of, cause of diificulty, 207. 

correspondence with. Envoys of, as to decrees, 207. 

its conduct evasive, 213. 

delays payment as stipulated, 345. 

treaty with, allowing claims, 392, 415. 

complaints against, 415, 421. 

fears of War with, 421. 

GALLATIN, his seat as a Senator refused, 73. 
GEORGIA, difficulty with, as to Indians, 302, 303, 310, 311.' 

claims the Indian lands, 311. 

treaties with Indians in, 311. 

Indians in, dispute with, 336, 337, 380. 

its threats and opposition to federal government, 337, 388. 
GOVERNMENT, Federal, organized, 10. 

organization and powers of, 10. 

its character both federal and national, 11, 12, 13. 

proposed by Virginia and Massachusetts, 11. 
GORE CHRISTOPHE'R, Senator of Massachusetts, 224. 

his opinion of Militia, 224. 

opinion of federal government over militia, 224. 
GREEKS, sympathy for, &c., 289, 297. 
GRUNDY FELIX, Senator of Tennessee, 246. 

his opinion of rights of militia, 246. 

resolutions on State rights, 399. 
GUNBOATS, recommended, 135. 

plan of Mr. Jefferson, 135. 
fc^ poor apology for a Navy, 135. 



HAMILTON ALEXANDER, Secretary of Treasury, 53. 

able financier, 53, 54. 

false charges against, 79. 

resignation, 79. 
HARRISON WILLIAM H., first delegate from N. W. Territory, 110. 



INDEX. 475 

HARRISON WILLIAM H., commands troops in Northwest, 195. 
active and successful, 193. 
his successes in 1813, 209. 
his defence of Fort Meigs, 209. 
capture of Maiden by, 209. 
battle of Thames under, 209. 
defeat of British by, 209. 
his aids, Shelby and Perry, 209. 

his conduct applauded by the administration, 209, 210. 
in favor of pensions for revolutionary veterans, 235. 
dismissed from high office by General Jackson, 369. 

ILLINOIS admitted a State, 263. 
INDIANS, report respecting, 30. 

hostile, on Ohio, &c. 40, 309. 

War with, in JN. W. Territory, 43, 3S. 

treatment of, 44, 233, 361. 

treaties with, 45, 48, 104. 

friendly disposition of, 122. 

hostile in 1813, 214. 

lands purchased of, 253. 

treatment of, in Georgia, 302, 303, 310, 336, 339, 360, 380. 

policy in governing, 360, 361. 

difficulty of a safe and just policy toward, 332, 374. 

removalof, 879,388, 394. 

President Jackson's opinion of, 360. 
INDIANA made a State, 124. 

INTERNAL IMPROVEMENTS, 85, 145,237,238,265,291,296,312,322,347,348. 
by dividends of United States Bank, 256, 291. 
objections to, 349,383. 
various surveys for, 331. 
IMPRISONMENT for debt proposed to be abolished, 298, 277, 290. 

JACKSON ANDREW General, victory at New Orleans, 233. 
his invasion of Florida, 239, 281. 
his conduct in Florida, 283, 289,257. 
President, 364. 
his character, 364, 365. 
promises a reform, 364, 374, 384. 
arbitrary and intolerant, .369, 370, 409, 419, 420. 
prosperous state of the Union, on his election, 374, 375. 
in favor of paying ofl" public debt, 373. 
in favor of removing the Indians, 379. 
insists on their removal, 376. 
favors the claims of Georgia over them, 376. 
his negotiations with France and England, 366. 
disputes with Mexico, 368. 
his removals from office, 369. 
his professions republican, 369. 
in favor of manufactures at first, 370, 371, 372. 
recommends an alteration of tariif, 384. 
retains a bill for internal improvements, 385. 
his opinion on State and federal powers, 387. 
his opinion of tariff, 388. 

opposition to bank of United States, 389, 402, 418. 
his opinion of Indians, 360, 388. 
in favor of their removal, 388. 

proposes, in lieu of Bank, a Sub-Treasury system, 389, 390. 
proclamation on opposition in South Carolina, 397. 
elected President second time, 402, 408. 
his removal of public funds from bank, 403. 
his arbitrary detention of a bill for distribution of proceeds of sales of 

public lands, 403, 404, 430. 
liable to flattery and to deception by selfish men, 409. 
dangerous tendency of his doctrine and policy, 409,401,411. 
his doctrines anti-republican, 411. 



475 INDEX. 

JACKSON ANDREW, his disputa with Senate, 411, 412. 

his discontinuance of the bank injurio us, 412, 430. 

his attempts to introduce a metallic currency, 413. 

his resentment of the delay of France to pay, &c., 415, 416. 

fears of war on account of his threats, 416, 421. 

great expenses in 1835, 420. 

his experiments dangerous and injurious, 424. 

his conduct relating to public funds, 425, 431. 

urges removal of Indians, 426. 

in favor of N.avy, 426. 

complains of conduct of the abolitionists, 426. 

public debt, off in his time, 430. 

but system formed before, 430. 

compared to Jefferson, 432. 

expenses of his administration, 431. 
JACOBin CLUBS, 78. 

opposed policy of Washington, 78. 

applauded French agents, 78. 
JEFFERSON THOMAS, Secretary of State, 52. 

his political theories and opinions, 52, 53. 

President of United States, 119, 120. 

his partial conduct to Duane, 121. 

opposed to new Circuit Court, 122. 

attention to Thomas Paine, 127. 

recommends gunboats, 135, 167. 

Iiis re-election, 137. 

advises defensive measures, 139, 140. 

rejects treaty with England, 146, 147. 

implicates Judge Marshall, 153, 155. 

favors an embargo and retirement from the ocean, 166. 

retires from presidency, 167, 168. 

his death, 331. 

Jefferson compared to General Jackson, 432. 

KENTUCKY admitted a State, 35. 

KING RUFUS, his opinion of the design of federal government, 14. 

opposed to war in 1812, 139. 

in favor of pension acts, 255. 

navigation act urged by, 256, 270. 

in favor of State rights, 271. 

great friend of commerce, 293. 

for appropriating portion of lands for emancipation of Slaves, 30." 

opposed to Slavery in Missouri, 268. 

Envoy to England, 327, 328. 
KNOX HENRY General, Secretary of War, 53. 

approves Washington's policy and means, 79. 

in favor of a Navy, 89. 

LANDS cessions of, from States to United Stales, 43. 

grants of by Congress, 43, 

public sales of, 309. 

to actual settlers, 224, 309. 

for schools, &c., 324. 

public, for benefit of all the States, 254, 309. 

proposal to distribute, 334, 403. 

proceeds of sales of, great, 373, 374. 

sale of, different plans for, 380, 381, 403, 404. 

opposed in an arbitrary way, by General Jackson, 403, 404, 430. 
LOANS large in 1813, 201, 274. 

LOWNDES, of South Carolina, proposed plan of paying public debt, 233. 
LLOYD, of Massachusetts, Senator in Congress, contends for rights of Militia, 225. 

in favor of Navy, 

opposed to Embargo, 
LOUISIANA purchased of Spain, 128. 

boundaries of, 130, 134, 240. 

possession taken of, 129. 



INDEX. 477 

LOUISIANA admitted a State, 177. 
divided, 132, 1T7. 

MADISON Mr., his resolutions, 65. 

elected President, 169. 

chosen a second time President, 200. 

his Cabinet, 200. 

approved and advised to War, 200. 

in favor of Bank, 242, 243, 435,437. 
MAINE admitted a State, 263. 
MANUFACTURES early appreciated and encouraged, 21. 

encouraged and favored, 235, 236, 243, 266, 283, 285, 288, 295. 352. 
370,384. ' > } > , , 

law to protect, modified, 395, 396, 422. 

Compromise act on, 396, 401. 

opposed in South Carolina, 396, 397, 400. 
MARSHALL WILLIAM, Secretary of State, 117. 

Chief Justice, 117. 

unjustly charged with lenity to Burr, 153, 155. 

his opinion on rights of Militia, 246. 
MEXICO, disputes with, as to bounds, 368, 392, 4-17. 

treaty with, 392. 
MILITIA, power of federal government over, 41, 74, 185. 

called for by President, 185, 186. 

Massachusetts declined to order out, 186, 187. 

rights of, 224, 225, 246. 

Constitutional power of federal rulers over, 224, 225, 226 246 
MINT established, 38. 

in North Carolina, 423. 

in Georgia and Louisiana, 423. 

expenses of, 423. 
MISSISSIPPI admitted a State, 263. 
MISSOURI admitted a State, 267. 

Slavery in, 267. 
MONIES PUBLIC, to be promptly paid into Treasury, 245. 
MONROE JAMES, elected President, 247. 

of similar political views as Madison, 247. 

more of a practical politician than Jefferson or Madison, 247, 248 304. 

advocate for State rights, 248. ' 

believes federal government one of special or limited power, 248. 

in favor of measures for national defence, 248. 

recommends attention to Agriculture, 247. 

favors the protective system, 248. 

his views of federal government and powers, 297. 

opposed alike to consolidation and disunion, 297. 

reduced the public debt, 299, 302. 

state of the nation at close of his presidency, 299. 

tour through eastern States, 250. 

compared to Jefferson and Madison, 304. 

elected second time, 273, 

care of public funds, 282. 

attention to state of finances, 282. 

requires punctuality in public officers, 282. 

in favor of a Bank, 435. 

NAVY, Washington in favor of, 89. 

Adams recommends its increase, 89. 

Secretary of, 100. 

increased, 100, 104. 

its extent in 1800, 115, 125. 

important and successful, 193, 202, 212, 294. 

officers of, brave, 212, 220. 

in Mediterranean, 313, 314, 330. 

several engagements of, with the British, 220. 
NAVIGATION LAW proposed, 256, 270. 

expenses for benefit of, 441. 



478 INDEX. 

NATURALIZATION LAW, 84, ]23, 132. 
NEUTRALITY, laws to maintain, 72. 

recommended, 59, 72, 73, 110. 
NEUTRAL RIGHTS, doctrine of, 140, 141, 154, 158, 159. 
NEWSPAPERS in United States in 1798, 105. 
NEW ORLEANS, battle of, 223. 

British defeated at, 223. 
NEW YORK, first session of Congress in, 9. 
NEW YORK, resolutions in, against tiie War of 1812, 188, 189. 
NORTHWEST TERRITORY, Indians in, 124. 
NORTH CAROLINA adopted Constitution, 22. 

OHIO, cession of land in, to Congress, 110. 

first delegate from, 110. 
OFFICERS PUBLIC, to settle their accounts often, statedly and promptly, 245, 

249 288 352. 
OLIVE, cultivation of,' 390.' 
OTIS H. G., his views of the State authority over militia, 226. 

opposed to appeals to Senate from federal courts, 286. 

opposed to Slavery in Missouri, 268. 

PARTIES POLITICAL, origin of, 50, 57, 85, 86, 112. 

less bitter and violent in 1317, 249, 250. 
PAINE THOMAS, attention to, by Mr. Jefferson, 127. 
PATENT LAW, 33. 

PANAMA, Congress of, 316, 317, 318, 320, 321. 
PEACE sought in 1814, 216, 217. 

new instructions to obtain, 216, 217, 221. 

made without obtaining what war was declared for, 217, 221, 230. 

cause of great rejoicing, 229. 

terms of peace, 230. 
PENSIONS, 263, 323, 331, 395. 

large sum required for, 331, 350. 
PENNSYLVANIA, opposition to excise law, 55.74, 104. 
PERRY'S Commodore, victory on lake Erie, 210. 

importance of, 210. 
PHILADELPHIA, Congress held in, 35, 39. 
PICKERING Judge, impeached, 133. 

POST OFFICE department extended and expensive, 377, 378, 390. 
PRESIDENT'S power of removal from office, 23. 

his salary, 25. 
PRESIDENT AND VICE PRESIDENT, mode of electing, 131, 132,298. 

his power to appoint new missions, 317, 333. 

RATIO of federal representatives, 47, 283, 393. 

views of Washington on, 47. 
RHODE ISLAND adopted Constitution, 22. 

admitted into Union, 22. 
ROADS Public, power of Congress to construct, 145, 254, 311. 

surveys for, 311, 312. 
REVENUE small, 179. 
RIVES, Envoy to France, 386. 

makes a Treaty with France, 392. 
RUSSIA, Treaty with, 301, 417. 

Prussia and Austria, 417. 

SALARY of President and Vice President, 25. 
SALARIES of officers increased, 132. 
SEDITION AND ALIEN LAWS. 102. 
SILK and the Mulberrv, culture of, 320, 392. 
petition oil, 32, 46, 110, 144, 256. 
SLAVERY, improper and imprudent attempts to abolish, 427, 428. 
SLAVE TRADE, 110, 128, 290, 300, 319. 



INDEX. 479 

SLAVE TRADE, its continuance prohibited, 144, 263, 267, 277. 

its extension opposed, 267. 
SOUTH AMERICAN Provinces, 257. 

republics proposed to recognize, 257, 260. 

President Monroe against, 264, 271, 276, 286, 316, 317, 345, 346, 418. 

Trade with, 394, 418. 
SOUTH CAROLINA, opposes Tariff act, 406, 407. 

threatens to use force, 407. 
SPAIN, disputes with, 71, 72, 73, 128. 

Louisiana purchased of, 128. 

negotiations with, 240, 241, 250. 

disputes with, as to bounds, 231. 
SMITH Mr., Senator of Ohio, accused of being an accomplice of Burr, 162. 

report for banishing him the Senate, 164. 
STAMPS, lax, unpopular, 95. 
STATE RIGHTS, 145,380, 384. 

powers of federal government over, 381, 383, 396, 399, 406. 
STATES UNITED, not consolidated, 14. 

suability of, 66. 

their sovereignty, 66, 67. 

debtor and creditor, 70. 
STRONG Governor, of Massachusetts, opinion of State rights and of Militia, 
224. 



TAXES internal, 95. 

direct, to bear extra expenses in 1793, 95, 100, 104. 

unpopular, 111. 

increased in 1813, 201, 222. 

diminished in 1816, 233. 
TERRITORY NORTH WEST, organized, 26. 

to have a delegate, 245. 
THANKSGIVING recommended, 25. 
TONNAGE of United Stales, 46. 
TRADE with foreign nations proposed on terms of reciprocity, 300, 301, 354. 

evils of restriction on, 278, 279, 280. 
TREASURY DEPARTMENT regulated, 245, 269. 

monies to be promptly paid into, 245, 269. 

notes, objections to issuing, 265, 389. 

should be under direction of Congress, 390, 410,424. 
TREATY of 1778 with France abrogated, 97. 
TRKASURY-SUB, plan of, 424. 

TREATY signed with the Sublime Porte, by an agent appointed by President 
without knowledge of Senate, 386. 

VAN BUREN M., Vice President, 408. 

President, 464. 

his character and policy, 464, 465. 
VERMONT admitted into Union, .36. 

invaded in war of 1812, 208. 

WASHINGTON GEORGE, first President of the United States, 15. 
his inaugural address, 15. 
his impartiality, 51, 64. 
complaints against, by a few, 52, 57. 
large majority approve his conduct and policy, 52 
division in his cabinet, 53. 
persuaded to serve a second term, 56. 
re-elected President, 57, 59. 
ill-treatment of, by French agents, 59. 
his neutral policy towards France and England, 59, 60, 72. 
complained of by some, 61, 85, 86. 
firmness of, on the occasion, 62, 63, 64, 69. 
appoints Judge Jay, Envoy to England, 65, 71. 
suppresses insurrection in Pennsylvania, 76. 
advises to provide for reducing public debt, 77, 89. 



480 INDEX. 



z^si^ti 



WASHirJGTON GEORGE, his measures censured by Jacobin Clubs, ^S. 

his treaty with England opposed, 81, 82. , > ' ^ ^ 

advice to increase Navy, 89. ^ / Q ^ "'O 

his resignation, 90. ^ ^^ 

his eulogy by Mr. Adams, 92. 

Commander-in-Chief, 101. j "*? 

death of, universally lamented, 106. ' ( 

WASHINGTON CITY, first Session of Congress in, 114. 

invaded and plundered by British troops, 219. 
WAR with England, 181, 183. 

reasons for, 181, 182. 

unnecessary, 183. 

charged to partiality for France, 183. 

nation unprepared for, 184. 

treasury notes issued, to support, 185. 

much opposition to, 187, 188. 

Resolutions in New York, disapproving of, 188. 

menaces of dominant party after it was declared, 190, 

early misfortunes and defeats in, 191, 192. 

prosecuted with vigor, 194, 201. 

army increased in second year of, 201, 216. 

continued for seamen's rights, 196, 197, 199. 

great expenses of, 201, 216. 

people patient, though not approving it, 203. 

depredations of, by British ships, 206. 211. 

correspondence which preceded it, 207. 

division in Congress on, 208. 

new instruction to Envoys to close it, 216, 217. 

closed, without obtaining what it was declared for, 217, 221. 

too expensive and unpopular to be continued, 221. 

great expenses of, 230. 
WARD ARTEMAS, his views of the rights of the Militia, 225. 
WOOLLEN GOODS imported, duties on, raised, 340. 

to protect manufactures opposition to, 340, 341. 

great importations of, 352. 

mcrease of duty on, 352. 



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